- What is Kafala (Sponsorship) system:
(i) Saudi Arabia follows a sponsorship (Kafala) system for regulating employment of expatriate workers. Any expatriate worker entering the Kingdom requires sponsorship of a sponsor (known as Kafeel), who may be a Saudi citizen or a company, and shall remain under the sponsor’s responsibility during the term of the employment contract.
(ii) No expatriate worker can leave the country, without the consent of the sponsor.
- Who may be employed in Saudi Arabia?
(i) Any person aged between 18 and 60 years, physically fit and possessing professional and academic qualifications required by the Kingdom (provided there is a shortage of citizens holding such qualifications), or belonging to those category of workers needed by the Kingdom, may be employed in Saudi Arabia. Such a person holding a passport with at least 6 months validity, should have entered the country legally and have an employment contract with an employer under whose responsibility he shall remain during the term of the contract.
- What is the procedure for recruitment of workers from India?
(i) Recruitment of professionals and Emigration Clearance Not Required (ECNR) category workers may be done by foreign employers (FEs) directly or through registered Indian Recruiting Agents (RAs).
(ii) ECR (Emigration Clearance Required) category workers could be recruited only through eMigrate portal.
(iii) ECR category female workers may be recruited by FEs after registering themselves on the eMigrate portal and by:
(a) utilizing the services of any of the 6 State-run recruiting agencies designated for this purpose, viz. NORKA Roots and ODEPC (Kerala); OMCL (Tamil Nadu); UPFC (Uttar Pradesh); OMCAP(Andhra Pradesh) and TOMCOM (Telangana), or
(b) directly after obtaining the prescribed documentation attested from the Indian Mission, and subsequently getting the emigration clearance online through the eMigrate portal.
(iv). Nurses may be recruited by the Saudi Ministries of Health and Defence& Aviation for the Government/Military Hospitals through Indian RAs designated for this purpose. Other Hospitals in the Kingdom intending to recruit Indian nurses need to register themselves on e-Migrate portal and utilise the services of the above 6 State-run agencies only.
v). Female Domestic Service Workers may be recruited only through the eMigrate portal in accordance with the provisions of the India-Saudi Arabia Bilateral Agreement on DSW Recruitment of 2014viz.(i) recruitment only through recognised RAs in both countries (ii) DSW to have completed 30 years of age, (iii) minimum wage of SR 1500/- per month, (iv) a prescribed standard employment contract is to be signed by the DSW, Saudi Employer, as well as the RAs in both countries which after its attestation by the Indian Mission after submission of a bank guarantee for US$2,500 by the sponsor, needs to be uploaded on e-Migrate portal for processing emigration clearance.
Caution: It is strongly recommended that any female DSW being recruited to Saudi Arabia must insist that the RA follows the prescribed procedure of the India-Saudi bilateral agreement on DSW recruitment. In case of doubt, please contact Indian Embassy/Consulate for advice.
- What is eMigrate portal?
(i) TheeMigrate portal is the electronic platform of the Government of India for automation of the emigration processes, in which all key stakeholders in the emigration lifecycle such as the Indian Missions, PGE, PoE, FEs, RAs, Emigrants and Insurance Agencies, etc. are electronically linked on a common platform.
(ii) The portal allows the prospective emigrants to access the services offered by PGE including emigrant registration, emigration clearance, etc.; the RAs/FEs to apply for registration/accreditation and to raise recruitment related applications online which the internal users like Indian Missions, PoE, PGE, etc. are able to process electronically, and also provides for integration with Passport System for validation of Emigrant's passport details, online payment of application processing fee, validation of Pravasi Bharatiya Bima Yojna (PBBY) policy details, etc.
(iii) All recruitment of ECR category workers including nurses and DSWs to ECR countries are to be done ONLY through the eMigrate portal.
- What is MADAD portal?
(i) MADAD (MEA in Aid of Diaspora in Distress) is the consular grievance monitoring system of the Government of India.
(ii) All grievances relating to labour problems such as contract violation, harassment, salary dues, repatriation; as well as transportation of mortal remains, death compensation, imprisonment abroad; tracing the missing persons abroad, etc. must be registered on the portal, giving full details including contact number of the worker, name and contact of the sponsor, as well as copies of passport, visa and employment contract.
(iii) The Embassy/Consulate follows up the grievances with Saudi employers, RAs, Government authorities, labour courts, etc. for resolving the same.
(iv) The status of the progress of processing of the grievances could be monitored online.
- How to obtain Emigration Clearance?
(i) A worker holding ECR passport, on receipt of employment offer in Saudi Arabia, is required to obtain Emigration Clearance (EC).
(ii) If the recruitment is through an RA holding valid demand letter/or an accredited Project Exporter(PE)/ a Foreign Employer (FE) with a valid permit, the respective RA/PE/FE, as the case may be, shall obtain the Emigrant Clearance for the worker through the eMigrate portal.
(iii) If the FE is directly recruiting the worker without the intervention of RA, the worker may apply for EC online on the eMigrate portal and the application shall be processed by the jurisdiction Protector of Emigrants (PoE) office, and the emigrant will be provided EC electronically.
- What are the important points while dealing with RA?
(i) Recruiting Agentis a person/company registered with the PGE, for conducting recruitment of Indian citizens for employment abroad.
(ii) One must deal ONLY with a registered Recruiting Agent (RA). Details of all Registered RAs as well as Un-Registered RAs (whose services should not be used) are available on the e-migrate website. See the original Registration Certificate issued by the PGE. Contact the office of PGE /PoE https://emigrate.gov.in) for clarification regarding the status of RA. Also insist upon the RA to show the Demand Letter and Power of Attorney from the FE.
(iii) Exercise caution against RA misleading you about the type of job, working conditions, allowances, etc. and verify the same from a known contact. In case of doubt, seek advice fromIndian Embassy/Consulate.
(iv) Be vigilant against overcharging by RA. No amount other than a service charge not exceeding 45 days’ wages, subject to a maximum Rs.20,000/- needs to be paid to RA, since as per the Saudi Labour Law, all expenses towards recruitment including visa fee, air ticket, etc. are to be borne by the employer. Make payments to the RA ONLY by DD/Cheque and obtain receipt.
(v) Complaints of overcharging, cheating, etc. against RA may be addressed to eMigrate portal and PGE (email: pge[at]mea.gov.in).
- Who is a Foreign Employer (FE)/Sponsor/Kafeel?
(i) The Foreign Employer, known as sponsor or kafeel, under whose sponsorship a worker is recruited to Saudi Arabia, could be a Saudi national or a company. Verify the credentials of the employer from a known contact, or Indian Embassy/Consulate in Saudi Arabia. Also consult the eMigrate portal to ensure that FE does not figure in the ‘Foreign employers on the Prior Approval Category (PAC)’ List, which is a watch list of FEs who are barred from recruiting from India for violation of the provisions of Emigration Act.
- Is there a minimum wage fixed for expatriates Saudi Arabia?
(i) There is no minimum wages fixed for expatriate workers in Saudi Arabia. The Government of India has recommended Minimum Referral Wages for various categories of jobs in Saudi Arabia which may be consulted (https://emigrate.gov.in) for guidance while negotiating the Employment Contract.
- What is the importance of Employment Contract?
(i) It is mandatory for all expatriate workers to have a written Employment Contract signed by the employee and the employer whereby the former undertakes to work for the latter for a wage, with a specific duration, usually two years. If no duration is specified, the duration of work permit will be deemed as the duration of the contract.
(ii) It will be signed by both parties prior to applying for emigration clearance/visa.
(iii) As per the Saudi labour law, the language of contract shall be Arabic, and if the contract is made in any foreign language beside Arabic, in case of dispute, the Arabic text shall prevail. It is therefore necessary to insist that Employment Contract is prepared in Arabic and English and to verify that the contents of both versions are same.
(iv) The worker must understand the contents of the Employment Contract, which details the terms of the employment including entitlements and obligations of both the worker and the employer,
(v) The following are the salient features of an employment contract: (1)Name of the employer, (2) place of work, (3) Job Title/Profession, (4) Duration of contract (5) Probation period, (6) Basic monthly salary, (7)Working hours, weekly rest overtime; (8) Accommodation, (9) Transportation (10) Food or food allowance, (11) Medical expenses, (12) Cost of iqama, exit/re-entry visa, exit visa etc. (13) Vacation – leave period, leave pay and cost of airfare, (15) Termination (17) End of Service Benefits, (18) Renewal of validity of contract period, (19) transportation of mortal remains in case of death (20) Mode of settlement of disputes, etc.
(vi) Before signing the contract, one must carefully go through it and in case of doubt, seek clarification from the prospective employer/RA.
(vii). Seek the assistance of someone knowledgeable, other than the RA, to explain the contents of Employment Contract if it is in a language not known to you.
- How to get a copy of the Employment Contract before departure for Saudi Arabia?
(i)As per the instructions of the Government of India, RAs must provide a copy of employment contract to the worker before his/her departure.
- What is the importance of medical test prior to processing visa?
(i) A worker is required to undergo a medical test in India prior to processing visa in order to ensure that he is medically fit. After arrival in the Kingdom another medical test will be taken and during which if found unfit, the worker will be sent back to India at his cost. The mandatory medical insurance provided by the employer is very basic and does not cover treatment of serious ailments. Since it is not possible to return to India before completion of the term of contract on any grounds, including health, it is very important that one should not proceed to Saudi Arabia unless he is medically fit and free from serious ailments.
Visa – Important Points
- What are the different kinds of visas in the Kingdom and how they are different from Employment Visa?
- What are the different kinds of visas in the Kingdom and how they are different from Employment Visa?
(i) Employment visa- تأشيرة عمل (tashirato amal) visa - All expatriate workers must have valid Employment visa to legally work in Saudi Arabia.
(ii)Please note that ‘Free Visas’ do not exist in Saudi Arabia.
(iii) Family Visit visa عائلية تأشيرة زيارة (tashirato ziyarat eayila), meant for the family members of the eligible expatriates workers to visit them, and employment is prohibited on this visa.
(iv) Family visa - تأشيرة زيارة (tashirato siyarat) - meant for the family members of the eligible expatriates workers to accompany (stay with) them – employment is prohibited on this visa.
(v) Haj Visa تأشيرة حج(tashirato Haj)/ and Umrah visa تأشيرة عمرة(tashirato Umrah) are issued for the purpose of holy pilgrimage.
(vi) Business visa - تأشيرة تجارية(tashirato tijarih) – meant for investors/business visitors.
(vii) Of the above visas, except on regular Employment visa, the holders are banned from working. Those caught working on such visas are detained, fined and deported with ban on future entry into the Kingdom
(viii) Business Work visa: تأشيرة تجارية للعمل (Tashirato Tijariah Lilamal) which allow companies to bring in skilled and highly specialized categories of workers for specific work of a short duration (2 months) and the holders are required to leave the Kingdom before expiry of the visa. Since this is not a regular employment visa, an emigrant worker should not accept it.
- What is the importance of verification of genuineness of visa?
(i) Since a worker must work only with his sponsor and in the same profession printed on the visa, and working in a different profession or away from the sponsor is illegal, it is important to confirm that type of visa, profession and name of the Sponsor on the visa sticker tally with those in the employment contract, with the help of an Arabic knowing person/agency, other than RA/without relying on what RA claims. A sample of Saudi Employment Visa sticker and English translation of general categories of profession are shown below for reference.
(ii)In order to guard against cheating by unscrupulous RAs, it is therefore important to verify before travelling to Saudi Arabia that the visa issued is a genuine employment visa. For this purpose, please contact Indian Embassy/Consulate with a copy of the visa page and contact details of sponsor/RA, for assistance.
(iii). Translation of names of general category professions:
Profession
المهنة (al mahna)
Profession
المهنة (al mahna)
Furniture carpenter
نجار أثاث (najjar athath)
Waiter
مقدم طعام (muqaddim ta’am)
Constructions carpenter
نجار مباني (najjar mabani)
Plumber
سباك (sabbak)
House Driver
سائق خاص (saiq khaz)
Plastering worker
مليس (mulayyis)
Truck Driver
سائق شاحنة (saiq shahinah)
Tile fixer
مبلط (muballit)
Domestic labour
عامل منزلي (aamil manzali)
Mason
بناء (banna)
House maid
عاملة منزلية (aamilah manzaliah)
Watchman
حارس (haris)
Cleaning Labour
عامل نظافة (aamil nazafah
Electrician
كهربائي (kahrubai)
Farm Labour
عامل زراعي (aamil zira’i)
Technician
فني (fanni)
Labour
عامل
Nurse (Male)
ممرض (mumarriz)
Loading and unloading
labour
عامل شحن وتفريغ
(aamil shahn wa tafrigh)
Nurse (Female)
ممرضة (mumarrizah)
(iv). SAMPLE OF SAUDI EMPLOYMENT VISA
- What is the advisory for those with pending criminal cases /previously deported as ‘huroob’/for criminal activity in the Kingdom
(i) Do not attempt to return to the Kingdom on any type of visa including Employment, Haj and Umrah visas if any criminal case is pending against you, or if you had earlier been deported from the Kingdom for:
(a) criminal activity –ban on return to the Kingdom is lifelong.
(b) illegal stay - you could be fined, detained, and re-deported.
(c) without clearing ‘huroob” status – unless 5 years have elapsed and you have paid a penalty of SR 10,000 and the cost air ticket for deportation.
- How to acquaint oneself with the local rules and regulations, society, working conditions, customs, etc. in Saudi Arabia?
All expatriate workers in Saudi Arabia are expected to observe the local rules and customs. It is important for anyone travelling to Saudi Arabia to familiarize with local rules and regulations, working and living conditions and labour laws. One may visit the websites of the Indian Embassy/Consulate and the Saudi Ministry of Labour for this purpose.
- Do I need to sign another Employment contract after I arrive in Saudi Arabia?
(i)Neither the employee nor the employer may change the conditions of the contract without the consent of each other. As employment contracts are generally in writing, any changes must also be by written agreement.
(ii) If the worker, after arrival in the Kingdom signs another employment in Arabic language, this will be treated as the valid employment contract, and the contract signed in India will cease to be valid.
(iii) A worker should not agree to sign such a contract if the terms of the contract vary to his disadvantage, from the original contract signed in India. He may report it to the Ministry of Labour Toll Free Helpline Number 19911/and seek assistance from Indian Embassy/Consulate.
- Do I have the right to keep my passport and other documents or should I hand them over to my Employer?
(i) A worker has the right to keep his passport and other documents at all times. As it is illegal for the sponsor to take custody of employees’ passports, one should not hand them over to the sponsor even for safekeeping.
(ii) Any complaints in this regard may be reported to the Ministry of Labour (Toll Free Helpline Number 19911)
It must, however, be noted that even with passport in your custody, you need an exit visa for leaving the Kingdom for which the consent of the employer/sponsor is a must.
- What is Iqama:
(i) Iqama (or Muqeem card) is the Residence Permit which is the proof an emigrant’s legal status in the country. It is the valid form of identification for all purposes, and without which one cannot operate banks account, ATMs, remit money, obtain mobile SIM connection/recharge, travel abroad, etc.
(ii) The employer must provide Iqama within 90 day of arrival of the worker after he successfully undergoes medical test and the employer arranging a health insurance. If the employer fails to provide Iqama within 90 days or renew it before its expiry, the Ministry of Labour (Toll Free Helpline No. 19911) should be contacted to register a complaint.
(iii) On receipt of Iqama, it must be confirmed that the name is printed exactly as in the passport. If not, necessary corrections need to be got done through sponsor from Jawazat office.
(iv) Iqama must be carried at all times and shown to police or other authorities if demanded.
(v) It is the employer’s responsibility to the cost of issue and renewal of Iqama, as well as any fines relating to its non-issuance/non-renewal.
- How do I register myself with the Embassy/Consulate of India?
(i) Registration with the Embassy/Consulate is very important as the Indian authorities will then know how to contact you in case of emergency.
(ii) Registration can be done by sending SMS/Whatsapp or email giving your name, passport number, mobile number, visa number, location, sponsor’s name, address and contact number to the Indian Embassy, Riyadh: mobile No. (+966-544205063 /Email: sscw[at]indianembassy.org.sa) /or Consulate, Jeddah: Mobile No.+966-55612230/E-mail: iwrc[at]cgijeddah.com., or online by visiting the website of the Embassy/Consulate.
(iii) Any subsequent changes to the contact details, as and when they occur may be communicated to the Embassy/Consulate.
22. What is the advisory for Female Domestic Service Workers
(i) Since Domestic Service Workers are not covered under the Saudi Labour Law, and are not protected by its provisions, in order to protect the interests of female Domestic Service Workers, the Government of India has signed a Bilateral Agreement on recruitment of DSWs with the Saudi Government in January 2014.
(ii)As per the Agreement:(a) recruitment of DSWs is to be done only through recognised RAs in both countries (b) DSW to have completed 30 years of age, (c) minimum wage of SR 1500/- per month, (d) a prescribed standard employment contract is to be signed by the DSW, Saudi Employer, as well as the RAs in both countries, and (e) the contract after its attestation by the Indian Mission upon submission of a bank guarantee for US$2,500 by the sponsor, needs to be uploaded on e-Migrate portal for processing emigration clearance.
(iii) It is cautioned that female DSWs travelling to Saudi Arabia without following the procedures prescribed in the DSW Agreement, on any other type of visa other than DSW visa, or through a third country on tourist visa, etc., are vulnerable to exploitation as they are in the country illegally and as result do not get the protection of the law. They will be at the mercy of their employers and in case they face labour problems and wanting to go back to India, in the absence any grievance redressal mechanism, they could get stranded in the Kingdom indefinitely.
(iv) It is, therefore, strongly recommended that all female DSW being recruited to Saudi Arabia travel to the Kingdom ONLY after completing the procedure prescribed under the DSW Agreement. In case of doubt, please contact the Indian Embassy/Consulate for advice.
Driving
23. What is the advisory for Indian drivers?
(1.) Information on Driving Vehicles in the Kingdom
(i). A valid Saudi Arabian driving license is required for driving in the Kingdom and which can be obtained after undergoing training/driving test from accredited driving schools in the Kingdom.
(ii) The Kingdom has world class road infrastructure. However, fatality rates in road accidents are reported to be high owing to over-speeding; ignorance of/disregard for traffic rules; inexperience of drivers; using mobile phones while driving; bad weather including sand storms, drifting sand; and camels crossing the roads, etc. Extreme caution must, therefore, be exercised while driving.
(iii) A worker assigned to drive vehicles, must not drive unless the sponsor has arranged a valid Saudi Driving License and the vehicle has a minimum Third Party Insurance (TPI). In case of vehicle accidents caused by drivers not havingvalid Driving License and TPI,the sponsor has no responsibility and the driver alone is held responsible for any damage to life or property.
(iv) In case the sponsor is forcing the driver to drive the vehicle withoutlicense and TPI, it must immediately be reported it to the Police. If required, guidance of the Indian Embassy/Consulate may be sought.
(v) Detailed information on driving and procedure for obtaining driving licence, etc. is available on the website of Ministry of Interior (https://www.moi.gov.sa) and Dallah Driving Schools (http://dallahds.com).
(3.) What are norms to be followed in KSA to avoid traffic rule violations?
(1) (a)Women are not allowed to drive in KSA. (b) It is mandatory to carry in the vehicle, the documents of vehicle registration (Istamara) and insurance as well as the driving licence.(c) passengers in the front seat should always wear the seat belt (d) Children below 10 years are not allowed in the front seat, (e) Must adhere to speed limits posted on the traffic signs (these are usually in Arabic) (f) Not to use mobile phone while driving (g) driving under the influence of alcohol, drugs, or medicines affecting the ability to drive, etc. is prohibited.
(2) In case of accidents: (a) notify (i) the traffic police in case of injuries/death/fire, or none of the parties has valid insurance policy, or (ii) Najm insurance service company (Toll free No 920000560) in case no one is injured (b) Do not move the vehicle/ or leave the accident spot until Police/Najm personnel arrives.(c) Inform sponsor/family/friend of accident telephonically (e) Do not sign any document given by police/Najm, etc. without knowing the content.
Customs Advisory24. What are the Guidelines on Personal Baggage, Banned Items, Bringing Medicines, etc.
Personal Baggage and Banned Items in Saudi Arabia
(1.) What is the advice on food stuff, medicines, banned items, etc. in the personal baggage?
(i) Saudi Customs conducts through examination of the baggage of the passengers by X-Ray screening and suspicious packets are physically examined.
(ii) The rules are VERY STRICT and there are severe penalties for violations.
(iii) Banned items such as narcotic drugs, alcohol, food items containing pork, khas khas, khat leaves, gutkha, pan masala, religious literature related to religions other than Islam, obscene material, Taveez/amulet/black or coloured dhaaga or such materials that may considered to be associated with black magic etc., should not be put brought to the Kingdom.
(i) Consult the list of prohibited/ forbidden items are available at the website of Saudi Customs.
(ii) Ensure that your mobile phone/laptop contains no obscene/objectionable/prohibited material.
(iii) Parcels meant for others - Do not accept parcels from unknown persons. If you have to take a parcel for someone, check thoroughly that it does not contain any of the prohibited items mentioned above.
(iv) Recheck baggage before check in - Personally check contents of all your bags/packages once again for any prohibited items, before they are checked in.
Medicines for Personal Use
(2.) What is the advice on bringing medicines for personal use?
- Saudi Food and Drug Administration (SFDA)’s Guidelines on the import of medicines to Saudi Arabia, including lists of controlled substances, may be seen on SFDA website.
- According these guidelines:
(1) It is illegal to import drugs or medical materials that are banned in Saudi Arabia or internationally;
(2) It is illegal to import drugs listed in Table 1 in Schedule D and Table 2 in Schedule A, as well as items listed in Article (4) of the Drugs and Narcotics Control Law (SFDA website)
(3) Drugs [other than those mentioned in (1) and (2) above] meant for personal use may be cleared by the Saudi authorities for import into the Kingdom subject to the following conditions:
(a) Patients may bring medicines for personal use, for usage not exceeding the period of stay or a maximum of 30 days whichever is less, and in its original packing, along with:
(i) medical report, not more than 6 months old, issued by the treating authority with personal information of the patient, medical diagnosis, treatment plan with duration, medical recommendations, generic and brand name of the medicine with prescribed doze, with translation in Arabic.
(ii) authentic prescription, not more than 6 months old, issued by the treating authority with diagnosis of disease, generic and brand name of the medicine with prescribed dose, method of usage and duration of treatment, with the seal of the treating authority, with translation in Arabic,
(iii) undertaking by the patient that the medicine is to be used by him only (with Arabic translation)
(iv) ID proof of the patient.
(b) If the medicine is not brought by the patient but his/her relatives (parents, sons, brothers and husband), copy of his ID proof has to be taken.
(c) If the medicine is brought by patient’s representative, copy of ID proof and permission letter to bring the medicine by the patient (with Arabic translation) is to be enclosed.
(d) For continuing treatment with the same medication, patients should contact local doctors and medicines obtained from the local market.
(e) If the required medicine or alternate is not available in the local market, then the Saudi hospital where the patient is being treated may obtain the same through a local distributer after approval by Saudi Food and Drug Authority (SFDA).
DISCLAIMER: Please note that the above information is based on the guidelines provided by Saudi authorities. The Embassy/Consulate shall not be responsible for any inconvenience/ damages caused on account of bringing of any medicines to Saudi Arabia.
- What is Huroob/Matloob?
Huroob:
(i) If a worker stays away from work without permission, refusing to work, or runs away from sponsor, the sponsor can report him to the authorities as huroob (runaway/absconding).
(ii) A worker reported as huroob becomes illegal and loses his legal rights, salary dues, service benefits, etc. and his iqama, insurance, bank account, etc. gets cancelled, cannot work and will be unable to leave the Kingdom except through Tarheel (Detention Centres).
(iii) Huroob status can be checked on the Ministry of Labour website.
(iv) A huroob worker is liable to be arrested by police and will be detained in Tarheel (Detention Centres) pending deportation if there are no criminal cases or pending claims against him. A huroob worker deported through Tarheel is liable to pay fine of SR10,000/- and will be banned for 5 years from returning to the Kingdom.
(v) Deportation centres process exit visa for those huroob workers who are to be deported.
(vi) Indian Embassy/Consulate officials regularly visit Tarheels and facilitate issue of Emergency Certificates to Indian nationals who are to be deported.
(vii) A huroob worker who is matloob, cannot leave through Tarheel.
(viii) Matloob: A worker could be reported to the authorities by the sponsor for any criminal activity or damages caused and the worker is then declared matloob (wanted). An expatriate wanted for criminal offences or having outstanding loans and fines, etc. could also be made Matloob by the concerned authorities.
(ix) A Matloob person is barred from leaving the Kingdom and is liable to be arrested and jailed.
(x) A Matloob person must report to the concerned police station for investigations and only after completion of the judicial process/removal of matloob by the sponsor/concerned authorities that he will be able to return home. If found guilty, he will have to undergo punishment. If however, there are private rights (i.e. pending claims, compensation for the damages/losses caused by the accused), then even after completing the punishment (jail term, etc), the accused person will not be allowed to leave the Kingdom until the private rights claims are settled.
(xi) In case of sponsors falsely reporting workers as huroob/matloob in order to harass/avoid paying dues,etc. it must be immediately reported to the Ministry of Labour helpline 19911.
(xii) The Indian Embassy/Consulate may be contacted for advice/assistance in all such cases.
- 27.What is Nitaqat/Saudization and which are the professions banned from employing expatriates in Saudi Arabia?
(i) Nitaqat is a Saudization initiative of the Saudi Government, aimed at reducing unemployment among Saudi nationals and to encouraging the private sector to employ greater number of Saudi nationals as well as to reducing reliance on expatriate workers, and part of the initiative jobs in several sectors have been reserved for Saudi nationals and where employment of expatriates is prohibited.
(ii) While a complete list of such jobs/sectors is not officially available, it is reported that these include the posts of receptionist in hospital, hotel etc.; security guards, clerk, cashier, typist; personnel in the fields of Human Resource, Recruitment and Labour; female sales specialist/staff in shops for females; mobiles sale/repair shops, etc. It is advised that job offers for such posts/professions should not be accepted. In case of doubt seek advice of the Indian Embassy/Consulate.
- What is “Exit/Re-Entry Visa” (tashirat khuruj waeawdaتأشيرة خروج وعودة)?
(i) In order to leave the country either on vacation, business trip or for any other reason except on final termination of service, an expatriate requires an “Exit/Re-Entry Visa”, which can be issued only with the sponsor’s consent, permitting him to leave and re-enter the country within a specific duration.
(ii) If the employee does not return to the country before expiry of re-entry visa, he will be banned from entering the Kingdom for a period of two years. It is therefore very important to verify the re-entry date prior to departure.
(iii) If any delay is anticipated in returning to the Kingdom prior to expiry of the visa, the sponsor must be contacted before expiry of exit/re-entry visa for its extension.
- What is final “Exit Visa” (Khuruj Nihayiy خروج نهاي):
(i) In order for a worker to leave the Kingdom on completion/termination of contract, final ‘Exit Visa’ is required which will be arranged by the sponsor.
(ii)While leaving on final exit, it must be ensured that:
(a) The exit visa is for ‘Final Exit’ and not for ‘Exit/ Re-entry’.
(b) Original Iqama has been submitted to Passport Department (Jawazat). In case of electronic exit, iqama should be surrendered at the airport.
(c) One has received all dues including End-of-Service Benefits from the sponsor.
(d) No vehicle remains registered in his name.
(e) All outstanding loans including from Bank either directly or under sponsor’s guarantee have been repaid.
(f) Unpaid fines/ penalties/dues/debts such as those for traffic fines, utility/phone bills or any other services have been settled. As all such dues/fines/debt are linked to the iqama, one will be unable to leave the Kingdom until they are settled.
(g) Original certificates of academic/professional qualifications have been returned by the sponsor.
(h) A No Objection Certificate of the sponsor has been obtained if one wishes to return to Saudi Arabia on new visa under a new sponsor. This is especially important in case the contract had a non-competition clause which prohibits the employee from working with the competitor company.
(i) Experience Certificate has been obtained from the sponsor as this may be required by new employer.
(j) A set of documents pertaining to stay in Saudi Arabia, such as copies of passport, Iqama, Exit paper etc. is retained, for any future use.
(iii) Saudi Police Clearance certificate which is issued by the Saudi authorities must be obtained before issue of exit visa/leaving the Kingdom.
