Saudi Arabia Labor Law for Final Exit | Employment Benefits
In this guide, we will explain the key points of the Saudi labor law about final exit and what it exactly regulates such processes.
What are the keys of the Saudi Labor Law for such processes?
What is Saudi Labor Law final exit? The answer can be long but it is simpler than you might think. If you are an expatriate worker in Saudi Arabia and you want to leave the country permanently, you need to follow certain procedures and regulations according to the Saudi Arabia labor law for final exit. Also, some of issues may depend on the kind of visa you have in Saudi Arabia.
If the worker’s employment comes to an end, the employer must settle their wages and address their entitlements within a maximum of one week from the termination date. In cases where the worker initiates the contract termination, the employer is obligated to fully settle their rights within a timeframe of no more than two weeks.
Saudi Arabia law for final exit contemplates several rights you have a right to, that you might be unaware of.
Here are some of the most important points you should know about the final exit process.
Final exit visa for employees
The final exit visa is a document that allows you to leave Saudi Arabia legally and permanently. You need to apply for it through your employer or sponsor (kafeel). Who has to approve it and pay the fees. You also need to clear all your dues and obligations. Such as, paying your bills, taxes, loans, traffic fines, etc. You can check your eligibility and status for Saudi Arabia labor law for final exit visa online through the Absher portal.
Print the Final Exit Letter
Once your Saudi Arabia labor law for final exit visa is approved, you need to print the letter from Absher. Furthermore, you shall keep it with you. This letter contains your personal details. Such as, visa number, date of issue and expiry, and a barcode. However, you need to show this letter at the airport or any other exit point when you leave Saudi Arabia.
Remain in Saudi Arabia after final exit approval
You have a limited time to stay after your Saudi labor law final exit visa is approved. The duration depends on your visa type and validity. For example, if you have a multiple exit re-entry visa, you can stay up to 60 days after your final exit approval. Additionally, if you have a single exit re-entry visa, you can stay up to 30 days. However, if you overstay this period, you may face penalties or deportation.
Preparation before the final exit
Before you leave Saudi Arabia for good, you need to prepare some things, such as:
- Cancel your bank accounts, credit cards, SIM cards, etc.
- Sell or transfer your car and other assets.
- Close your rental contract and pay any outstanding bills.
- Collect your end-of-service benefits and gratuity from your employer.
- Get a police clearance certificate if you need it for future purposes.
- Pack your belongings and ship them to your destination country.
Final exit without Kafeel
If you want to leave Saudi Arabia without your kafeel’s consent or approval, you may face some difficulties and risks. According to Article 80 of the Saudi Labor Law for final, an employee can terminate his contract without notice. However, it only apples if the employer fails to fulfill his obligations or commits a breach of contract.
Additionally, this requires proof and legal action, which may take time and money. Moreover, the employer may file a complaint against the employee for absconding or violating the contract. Which may result in a travel ban or imprisonment according to Saudi labour law for final exit.
Article 80 of Saudi Labor Law
Article 80 of the Saudi Labor Law states that:
If the employer or his representative commits any of these following acts, against an employee or any of their family members:
- Assault or battery;
- Some kind immoral character act;
- False accusation affecting honor or dignity;
- Some serious insult by word or deed;
- A threat of dismissal unless he performs an act which he is not obliged to perform under his contract;
The employee must end his contract without notice.
Article 81 of Saudi Labor Law
Article 81 of the Saudi Labor Law states that:
If a worker commits any of the following actions against his contractor or his sponsor:
- Assault or battery;
- An act of immoral character;
- False accusation affecting their honor or dignity;
- A grave insult by word or deed;
- A threat of physical harm;
The employer could end the contract without notice.
Saudi Labor Law termination of contract and resignation
According to Article 75 of the Saudi Labor Law, an employee can terminate his contract by giving a written notice to his employer at least 60 days before the termination date if he has an indefinite contract, or 30 days before if he has a definite contract. The notice period can be reduced by mutual agreement or by paying compensation equivalent to the wages for the remaining period.
The employer can also terminate the contract by giving a written notice to the employee at least 60 days before the termination date if he has an indefinite contract, or at least upon expiry if he has a definite contract. The employer can also terminate the contract without notice for any of the reasons stated in Article 80 or 81.
Re-entry into Saudi Arabia
If you leave Saudi Arabia on a final exit visa, you cannot re-enter the country unless you have a new sponsor and a new work visa. You also need to wait for at least two years before applying for a new work visa. However, this can vary if you have a special permission from the Ministry of Labor and Social Development.
How can we help you understand aspects of Saudi Labor Law?
As an expatriate worker in Saudi Arabia, you may have some questions or concerns about your rights and obligations under the Saudi Labor Law. For example, you may wonder:
- Can you calculate your Saudi labor law exit benefits?
- How can you claim your unpaid wages or overtime?
- Could you file a complaint against your employer or a third party?
- How can you protect yourself from unfair dismissal or discrimination?
- Can you transfer your sponsorship to another employer?
To answer these and other questions, we recommend you to consult a professional lawyer or consultancy. One that specializes in Saudi Labor Law for final exit or in general. A professional team like us can help you understand your legal situation and advise you on the best course of action.
Furthermore, a lawyer can also represent you in any legal proceedings or negotiations with your employer or a third party.
If you need legal assistance, please contact us without hesitation. We have a team of experienced lawyers who can provide you with expert guidance and representation in all matters related to Saudi Labor Law. We can help you achieve your goals and protect your interests in a timely and cost-effective manner.