Kafala Abolition & Employer Transfer (2026 Legal Guide) — Rules & Requirements
About this article
Sourced from Omani royal decrees, ministerial decisions, and the Basic Statute of the State. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
In March 2021, Saudi Arabia implemented the Labour Reform Initiative (LRI), significantly dismantling the kafala (sponsorship) system. Workers are now governed by a contractual model in which employment contracts — not the sponsor relationship — define mobility, exit, and enforcement rights. The reform allows covered workers to request transfers, exit/re-entry, and final exit without employer consent under certain conditions.
What changed:
- Workers may change employers without sponsor consent after completing contractual obligations or notice periods.
- Workers may apply for exit / re-entry visas and final exit directly through Qiwa and Absher — no employer permission required.
- All employment contracts must now be registered on Qiwa.
- Qiwa contract authentication: the wage clause is directly enforceable via the Ministry of Justice's Najiz portal.
Direct transfer without employer consent is permitted when:
- The employer fails to issue a work permit within 90 days of the worker's arrival.
- The employer fails to pay salary for 3 consecutive months — WPS records provide automatic proof.
- The employer's work permit or Iqama has expired and is unrenewed.
- The labour contract is not registered on Qiwa.
- The worker's permit is to be cancelled because of the employer's Saudization non-compliance (February 2025 amendment).
Standard transfer flow: the new employer submits a job offer via Qiwa → the worker accepts → the current employer is notified and has a 14-day response window → the notice period is completed → the new employer finalises the iqama transfer via Absher / Muqeem, typically within 12 to 24 days.
Notice periods (February 2025 amendments):
- Indefinite-term contract: employee 30 days, employer 60 days.
- Non-monthly paid workers: 30 days from either party.
- Fixed-term contract resignation is now expressly allowed (2025 reform): the employer has 30 days to respond, and silence is treated as acceptance. The worker may withdraw the resignation within 7 days.
Absconding reform (October 2022): an absconding ("huroob") report no longer automatically makes a worker undocumented. Such reports can only be filed against workers who have not signed an e-contract. In 2024, 305,444 workers transferred without employer consent (MHRSD data).
Enforcement gaps: human rights organisations have documented that practice can lag the reform — practitioners should verify current MHRSD guidance in active disputes. Saudization (Nitaqat) still constrains employer conduct in parallel: firms with 25+ employees must maintain Saudi national quotas, monitored through Qiwa.
Worked example — Ahmed, construction worker in Riyadh: salary unpaid for 3 consecutive months. He submits a direct-transfer request on Qiwa citing WPS non-payment — no employer consent needed. A prospective employer issues a Qiwa job offer; the old employer's 14-day response window starts. If the old employer retaliates by filing an "exit visa" or absconding report, Ahmed files an immediate MHRSD labour complaint to stay the departure order while his wage claim is resolved through Najiz.
When does it apply?
- You hold a Saudi work permit and want to transfer to a new employer.
- You have faced one of the direct-transfer trigger conditions (no permit in 90 days, 3 months unpaid, expired employer documents, unregistered contract, Saudization-related permit cancellation).
- You are being asked by a current employer to "release" you — you want to confirm whether their consent is legally required at all.
- You need to understand the 14-day response window or February 2025 notice periods before resigning.
What to Do If You Want to Change Employers in Saudi Arabia After the Kafala Reform
- Confirm your contract is registered on Qiwa. If it is not, an unregistered contract is unenforceable and is itself a direct-transfer ground.
- Check which trigger applies to you — if any, the 14-day employer response is still required but employer consent is not.
- Line up a job offer through Qiwa before the current notice period begins. The new employer files the offer; you accept inside Qiwa.
- Serve notice in writing matching the February 2025 rules: 30 days (employee, indefinite) or the fixed-term mechanism with 30-day employer response.
- If the old employer ignores the 14-day response window, the transfer proceeds without them. Save all Qiwa screenshots.
- If retaliation occurs (false absconding report, retaliatory exit visa, blocking Qiwa actions): call MHRSD at 19911 and file a labour complaint immediately. Absconding reports against workers with e-contracts are not valid under the 2022 reform.
- For unpaid wages triggering transfer, also file an enforcement request on Najiz — Qiwa-authenticated wage clauses are directly enforceable without a full court case.
What should you NOT do?
- Do not accept a "release letter" fee. The employer's consent is not required for transfer in any of the trigger scenarios — paying for a release is paying for nothing.
- Do not work on an unregistered contract. It is unenforceable and signals a non-compliant employer.
- Do not leave the country under a retaliatory exit visa without first filing an MHRSD complaint — once you depart, your wage claim is harder to enforce even via Najiz.
- Do not rely on verbal assurances from the new employer. The Qiwa job offer and acceptance are the record.
- Do not treat the reform as fully implemented everywhere. Enforcement can lag — verify current MHRSD guidance before relying on a specific procedural point.
About Workers' Rights in Oman
Your job in the Saudi private sector is governed by the Labour Law (Royal Decree No. M/51 of 2005). Most of the system runs on the Qiwa platform — contracts, transfers, and disputes. Salaries flow through the Wage Protection System via Mudad. Saudi nationals have a SAR 4,000 minimum wage; there is no statutory floor for expats. Since the Labour Reform Initiative in 2021, you can change employers and request exit/re-entry through Absher without sponsor approval. GOSI handles social insurance, including workplace-injury cover for expats.
Common Questions
What is the kafala abolition & employer transfer right in Oman?
In March 2021, Saudi Arabia implemented the Labour Reform Initiative (LRI), significantly dismantling the kafala (sponsorship) system. Workers are now governed by a contractual model in which employment contracts — not the sponsor relationship — define mobility, exit, and enforcement rights. The reform allows covered workers to request transfers, exit/re-entry, and final exit without employer consent under certain conditions.What changed:Workers may change employers without sponsor consent after completing contractual obligations or notice periods.Workers may apply for exit / re-entry visas an...
When does it apply — kafala abolition & employer transfer?
You hold a Saudi work permit and want to transfer to a new employer.You have faced one of the direct-transfer trigger conditions (no permit in 90 days, 3 months unpaid, expired employer documents, unregistered contract, Saudization-related permit cancellation).You are being asked by a current employer to "release" you — you want to confirm whether their consent is legally required at all.You need to understand the 14-day response window or February 2025 notice periods before resigning.
What should I do if my employer refuses to let me transfer my sponsorship in Saudi Arabia?
Confirm your contract is registered on Qiwa. If it is not, an unregistered contract is unenforceable and is itself a direct-transfer ground.Check which trigger applies to you — if any, the 14-day employer response is still required but employer consent is not.Line up a job offer through Qiwa before the current notice period begins. The new employer files the offer; you accept inside Qiwa.Serve notice in writing matching the February 2025 rules: 30 days (employee, indefinite) or the fixed-term mechanism with 30-day employer response.If the old employer ignores the 14-day response window, the tr...
What should you NOT do — kafala abolition & employer transfer?
Do not accept a "release letter" fee. The employer's consent is not required for transfer in any of the trigger scenarios — paying for a release is paying for nothing.Do not work on an unregistered contract. It is unenforceable and signals a non-compliant employer.Do not leave the country under a retaliatory exit visa without first filing an MHRSD complaint — once you depart, your wage claim is harder to enforce even via Najiz.Do not rely on verbal assurances from the new employer. The Qiwa job offer and acceptance are the record.Do not treat the reform as fully implemented everywher...