Domestic Worker Transfer of Sponsorship in Saudi Arabia

To organize the labor market and protect the rights of domestic workers in Saudi Arabia, the Ministry of Human Resources and Social Development (MHRSD) has introduced a provision that allows for the transfer of domestic worker sponsorship without the need for the current employer’s approval. 

This reform in the Kafala system has positively impacted both domestic workers and employer sponsors (kafeels). Employer sponsors are provided with workforce flexibility, access to experienced workers, and simplified recruitment process. For domestic workers, this resulted in increased job mobility, improved working conditions, and enhanced rights and protection. 

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Understanding the Kafala Sponsorship System

The kafala system, prevalent in Saudi Arabia, establishes a sponsorship framework for migrant workers and their local sponsor or kafeel which is usually their employer. While the system aims to regulate labor migration, it can create power imbalances and vulnerabilities especially to certain worker sectors like domestic workers.

Under the Kafala system, a migrant domestic worker is bound to their employer throughout the duration of their contract set at 2 years. Here are some provisions under the Kafala system:

• The sponsor or employer is responsible for the domestic worker’s recruitment fees, completion of medical exams, and possession of an iqama, or national identity card
• Domestic workers need explicit written permission from their employer (kafeel) to enter, transfer employment, or leave the country.
• The domestic worker’s sponsorship by a kafeel is mandatory for entry and remains in effect throughout their stay (2 years or more)
• The employer (kafeel) is responsible for reporting to immigration authorities if the worker leaves their employment and must also ensure that the worker departs the country at the end of their contract, including covering the cost of their return flight.

Challenges Faced by Domestic Workers:

From limited mobility and autonomy that can restrict their freedom to vulnerabilities to abuse and lack of legal protection, domestic workers often face significant challenges within the current system making it challenging to change kafeels or improve their working conditions. 

In March 2021, Saudi Arabia introduced labor reforms that eased restrictions and allowed migrant workers in certain sectors to change jobs without employer consent under certain circumstances. These reforms do not include migrant domestic workers however as they are not covered by Saudi Arabia’s labor law. Instead, the Ministry of Human Resources and Social Development (MHRSD) introduced specific situations that allow for Sponsorship Transfer online without consent.

Transfer of Sponsorship Eligibility and Process

Domestic Worker Eligibilty to transfer

Under the following conditions domestic workers can transfer sponsorship without their current employer’s consent:

1. Non-payment or delay of wages for 3 months
2. Employer fails to receive the domestic workers at the airport/agency.
3. Employers can pick up the worker in the shelter within two weeks of arrival in the Kingdom.
4. Employer failed to issue the residency permit (iqama) within 90 days of arrival.
5. Employer fails to renew residency permit (iqama) within 30 days of it’s expiry
6. The domestic worker was made to work for another family or household.
7. The domestic worker was assigned to a job that threatened his safety and affected his health
8. The domestic workers has been abused by the employer or it’s family members
9. Employer did not appear in court during complaints or legal investigation process
10. Employer filed a false runaway (hurob) report.
11. Employer is absent and failed to pay wages due to travel, imprisonment, or any other reason.
12. Employer terminated the contract during the probationary period (at least 90 days)

Under the 1st 3 conditions, domestic workers can transfer sponsorship automatically while only a court approval is needed for the rest of the conditions to transfer sponsorship without the current employer’s consent. So it is best for employers who are hiring through sponsorship transfer to confirm with the domestic worker under what condition/s they fall into to know which process to take. 

Conditions to satisfy to start the transfer process:

• The current employer is ready for the transfer.
• No traffic violation is logged against the new employer or the domestic worker
• The status of the new employer, the old employer and the domestic worker must be “living”.
• The new employer must not be wanted by security authorities.
• The domestic worker has not been reported as a runaway in the system.
• Services of domestic workers under the age of 25 cannot be transferred.
• A married male employer and a divorced or widowed female can sponsor up to 4 domestic workers.
• The maximum number of transfers for a domestic worker is 4 only.
• Domestic worker’s resident identity must be valid for 15 days or more upon services waiver.
• Domestic worker services cannot be transferred more than once within 24 hours.

The sponsorship transfer fees for domestic workers in Saudi Arabia vary depending on the number of transfer requests made by the new employer (kafeel) The fee structure to be paid through Absher is as follows:

• 1st time – 2000 SR
• 2nd time – 4000 SR
• 3rd time – 6000 SR

Questions to ask your domestic worker to prepare for the process

For a smooth and informed transfer process, here are key questions to ask your domestic worker candidate:

1. What is your reason for transferring?
   Understanding their motives and any challenges faced with their current employer helps assess the validity of their request.
2. Is your passport and Iqama (residency permit) valid?
   Confirming the status of their documentation avoids potential legal complications during the transfer process.
3. Do you have any financial obligations with your current employer?
   Discuss any outstanding debts or financial responsibilities to evaluate their financial stability and the potential impact on their work commitment.
4. Do you understand the transfer sponsorship process?
   Help workers comprehend the overall process, by explaining the necessary paperwork, fees, and timelines involved in the transfer.
5. What are your expectations or preferences?
   Discuss their desired working hours, days off, accommodation, and other job-related aspects. This helps ensure compatibility with the new employer’s expectations.

Employers can transfer the sponsorship only four times, and domestic workers cannot transfer sponsorship more than four times. Therefore, it is necessary to verify how many times the domestic worker transferred sponsorship. 

What are the Requirements for Transfer of Sponsorship?

The request to transfer sponsorship can be started via the Absher App. Absher is a smartphone application that enables citizens and residents to access various government services, including the transfer of sponsorship for domestic workers. 

This process ensures transparency and enables all parties involved to actively participate in the transfer process

Request Transfer Through Absher

This process is initiated by the new employer.

1. The new employer will create a request to transfer sponsorship here: https://absher.sa/
2. The domestic worker will approve the request online through Absher
3. The current/old sponsor must accept the request within 7 days
4. The new employer will pay the transfer fee upon acceptance
5. The new employer will visit Jawazat to receive and print the domestic worker’s new Iqama.

Approval of Transfer Request Through Absher

Here is the step-by-step guide on how to approve a transfer request as the new employer.

• Visit the Absher: https://absher.sa/ and login with your ID
• Select “Individuals” and log in.
• Click on the “My Services” option.
• Select “Services“.
• Then select “Passports.”
• Choose “Service Transfer Approvals.”
• Accept or Reject transfer request

“The new employer must accept the transfer of services within the period of separation of sponsorship and transfer of services, which is estimated at 15 days, in order for the transfer of sponsorship to be carried out successfully.”

Is there a Probationary period for transferred sponsorship?

Yes, there is a probationary period. The new employer can hire the worker on a trial basis for a maximum of 15 days. During this period, the worker must receive wages. The new employer is responsible for covering the transfer fee and any expenses incurred by the domestic worker during their stay at the shelter. The recommended allowance for domestic workers in shelters is 150 riyals for each day.

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