Moving the worker from one place of work to another
Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.
Regulating the transfer of a worker from his original place of work to another location is one of the most important guarantees guaranteed by the Saudi labor system to preserve the employee’s stability and rights.
Article 58 of the Labor Law clarifies the legal controls and conditions for transferring an employee between cities and establishments, and the cases in which the transfer requires the worker’s consent, to ensure that work is carried out in accordance with the regulatory frameworks that preserve the rights of all parties.
What is meant by transferring an employee between establishments?
What is meant by transferring an employee between establishments?
Transfer means that the employer assigns the worker to work in a place different from the place agreed upon in the employment contract, whether the transfer is temporary or permanent.
Article 58 of the Saudi Labor Law specifies the controls and conditions for transferring an employee from one place to another with the aim of:
- Preserving the rights of both parties and facilitating procedures in a manner that does not violate the provisions of the agreed-upon employment contract.
- Protecting the worker’s stability and family life.
- Prevent any arbitrary practices by the employer.
What are the conditions for transferring an employee from one place to another?
Conditions for transferring workers between branches
The employer –according to Article 58 of the Saudi Labor Law– may not transfer the worker from his original place of work to another place except in two cases:
- The worker’s written consent to the transfer.
- The transfer does not require changing the worker’s place of residence, such as transferring him from Riyadh to Jeddah.
Conditions for transferring an employee from one city to another in cases of necessity
The employer may assign the worker to work in a city different from the agreed upon city without requiring his consent in accordance with the following controls:
- It should only be in cases of necessity and required by the nature and conditions of work, such as the Hajj and Ramadan seasons, or the opening of new branches of the facility, etc.
- The duration of the worker’s assignment must not exceed 30 days per year.
- The employer must bear the worker’s transportation and accommodation costs during that period, such as providing housing and airline tickets, at the facility’s expense.
Workplace relocation decisions face legal complexities that require a thorough understanding of the labor system. Does your relocation decision comply with or exceed the regulations?
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What are the procedures for transferring employees between establishments?
What are the procedures for transferring employees between establishments?
An employer can transfer a non-Saudi employee between branches through the Qawawea platform by following these steps:
- Log in to a business account on the Qawa platform.
- From the Services page, select ” Transfer employees”
- Select “Transfer employee between my facilities”
- Determine the new facility to which the employer wishes to transfer the worker.
- Select the employee to be transferred from the employee list.
- Review all employee data and then click “Create Contracts”
- Follow the steps shown.
Being aware of your rights under Article 58 of the Labor Law is your first line of defense to avoid any arbitrary practices and ensure your professional stability.
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