Arabic
The Minister of Human Resources and Social Development,
based on the powers entrusted to him by law,
after perusal of the provisions of article 11bis, 33, 37, 40, 41, and 77 of the Labor Law issued by Royal Decree D/51 dated 23 Sha’ban 1426 [27 September 2005], amended by Royal Decree D/24 dated 12 Jumada Al-Awwal 1434 [24 March 2013], amended by Royal Decree D/1 dated 22 Muharram 1435 [25 November 2013], amended by Royal Decree D/46 dated 5 Jumada Al-Thani 1436 [25 March 2015], amended by Royal Decree D/14 dated 22 Safar 1440 [31 October 2018], amended by Royal Decree D/134 dated 27 Dhu Al-Qa’dah 1440 [30 July 2019], and amended by Royal Decree D/5 dated 7 Muharram 1442 [26 August 2020],
after perusal of the Executive Regulation of the Labor Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018], amended by Ministerial Decision 54908 dated 16 Rabi Al-Awwal 1441 [13 November 2019], amended by Ministerial Decision 142906 dated 13 Sha’ban 1441 [6 April 2020], amended by Ministerial Decision 146481 dated 7 Ramadan 1441 [30 April 2020], and amended by Ministerial Decision 3485 dated 7 Muharram 1442 [26 August 2020],
and after perusal of Ministerial Decision 156309 dated 18 Sha’ban 1440 [23 April 2019],
hereby decides
First
The amendment of the Executive Regulation of the Labor Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018], amended by Ministerial Decision 54908 dated 16 Rabi Al-Awwal 1441 [13 November 2019], amended by Ministerial Decision 142906 dated 13 Sha’ban 1441 [6 April 2020], amended by Ministerial Decision 146481 dated 7 Ramadan 1441 [30 April 2020], and amended by Ministerial Decision 3485 dated 7 Muharram 1442 [26 August 2020], is hereby approved as follows:
1․ Article 14(Second)(1) is hereby amended to read as follows:
The expatriate worker may transfer to another employer without the requirement of a specific period in the event of the approval of the current employer, unless the controls contained in the program to encourage establishments to nationalize jobs (Nitaqat) encourage otherwise.
2․ Article 14(Second)(7) is hereby amended to read as follows:
The expatriate worker may transfer to another employer upon the expiry of the documented employment contract without the approval of the current employer.
3․ A paragraph numbered 21 is hereby added to article 14(Second) with the following text:
Subject to the provisions of article 77 of the law, the expatriate worker may transfer to another employer without requiring the approval of the current employer when the following conditions are met:
(a) That he spent 12 months from the date of his entry into the Kingdom.
(b) That the worker notifies the current employer at least 90 days before the transfer, prior to the termination of the contractual relationship, unless the parties agree otherwise.
Second
This decision must be published in the official gazette and on the website of the ministry, and comes into force on 1 Sha’ban 1442 corresponding to 14 March 2021.
Third
This decision repeals all previous decisions in conflict with it.
Fourth
The Vice Minister for Labor shall take the necessary measures to inform and implement this decision.
May Allah provide success.
The Minister of Human Resources and Social Development Engineer
Ahmad bin Suleiman Al-Rajhi
Issued on: 19 Rabi Al-Awwal 1442
Corresponding to: 5 November 2020
Published in Umm Al-Qura 4857 issued on 13 November 2020.