Question
I work as a bus driver for an establishment in Saudi Arabia. This was my first sponsorship transfer (Kafala transfer), but my employer charged me SAR 2,000 even though I believed the first transfer should be free. They told me the amount was only to protect themselves in case I decided to leave later.
It has now been almost five months, and they still have not provided me with the bus or the driving job they promised. I want to transfer to another company. Which article of the Saudi Labor Law can I use to terminate my contract legally, complete a new sponsorship transfer, and avoid being reported as absent (Huroob)?
Answer
Your situation depends on the terms of your employment contract and whether your employer has failed to meet their contractual obligations.
Simply paying SAR 2,000 for a sponsorship transfer or wanting to change employers does not automatically give you the legal right to terminate your contract under Saudi Labor Law.
However, if your employer has failed to provide the job or working conditions stated in your employment contract, you may have legal grounds to file a complaint.
Can Article 81 Apply?
Possibly.
Article 81 of the Saudi Labor Law allows an employee to leave work without notice in specific situations where the employer seriously violates the employment contract or legal obligations.
If you were hired as a bus driver, but after several months you have not been assigned the agreed job or your employer has breached the contract, the relevant authorities will examine the facts to determine whether Article 81 applies.
Every case is assessed individually based on available evidence.
What Should You Do?
Instead of leaving your job without notice, follow the legal process:
- Review your employment contract on Qiwa.
- Request your employer in writing to fulfill the agreed job responsibilities.
- If the issue is not resolved, file a labor complaint through the Ministry of Human Resources and Social Development (MHRSD).
- Avoid stopping work or disappearing without following legal procedures, as this may create legal and employment complications.
Can You Transfer to Another Employer?
If the labor authorities determine that your employer has violated the employment contract or Saudi Labor Law, you may become eligible for a legal transfer according to the applicable regulations.
Each case is evaluated based on its specific facts and supporting evidence.
Final Advice
If your employer has not provided the work promised in your contract, do not rely solely on verbal discussions. Keep copies of your employment contract, any written communication, and other supporting documents before taking legal action.
Following the official legal process is the safest way to protect your rights and reduce the risk of employment disputes or administrative issues.
Disclaimer: This article is for general informational purposes only and should not be considered legal advice. Individual cases may vary depending on the employment contract, evidence, and decisions of the relevant Saudi authorities.
