Navigating the complexities of the Saudi labor law for final exit can be crucial for both workers and employers. When a worker’s employment relationship permanently ends, the law mandates that employers settle all financial entitlements as outlined in the employment contract and relevant labor laws. Understanding these entitlements including end-of-service benefits, outstanding salaries, and unused leave compensation ensures that workers are adequately compensated for their service. This guide will explore the worker’s rights during the final exit process, the electronic procedures for obtaining a final exit visa, and the timelines involved.
المحتويات
Worker’s Entitlements Upon Saudi Labor Law for Final Exit
When the employment relationship between a worker and an employer ends permanently, the employer is required to settle all the worker’s financial entitlements as stipulated in the employment contract and the applicable labor laws. These entitlements include the following:
- End-of-Service Benefits
The worker is entitled to compensation for the duration of their service with the employer. The value is determined based on the length of service and the last salary received. - Outstanding Salary
The worker is entitled to receive their full salary for the period they worked up to the termination date, including any unpaid dues. - Unused Leave Compensation
If the worker has not used their accrued annual leave, they are entitled to financial compensation equivalent to the value of the unused leave, calculated based on their monthly salary. - Overtime Payment
If the worker has performed overtime work without receiving compensation, they are entitled to payment for those extra hours according to the approved overtime rate. - Repatriation Allowance
If the employment contract includes a provision for covering the worker’s travel expenses upon termination, the employer is responsible for the cost of the worker’s return ticket to their home country. - Other Contractual Entitlements
This includes any additional compensation, allowances, or bonuses specified in the employment contract that have not been paid to the worker during their service period.
Read also: The Saudi Labor Law: Key Regulations & Employee Rights
New Saudi Labor Law for Final Exit
Under the new Saudi Arabia labor law for final exit, a resident worker can submit a final exit request electronically through the Absher platform by following these steps:
- Accessing the Absher Platform
- Visit the official Absher.Log in using your username and password.
- Enter the verification code sent to your phone to confirm login.
- Submitting the Request
- Select “Individuals Services” from the main menu.
- Go to the “Passports Section.”
- Choose “Electronic Services.”
- Select “Sponsored Services.”
- Click on “Final Exit Visa.”
- After entering the required information, click “Submit.”
- You will receive a confirmation message stating “Final Exit Visa Successfully Issued.”
- To print the visa, click on “Print.”
- Notifying the Employer
- A notification regarding the final exit request will be sent to the employer.
- The request will be reviewed and a response (approval or rejection) will be provided within 10 days.
How to Object to a Final Exit Request
If the sponsor or employer wishes to object to a final exit request, they can submit an objection electronically through the Absher platform by following these steps:
- Logging In
- Visit the Absher platform through the official website.Select “Absher Business.”
- Log in using the username and password.
- Submitting the Objection
- Go to “Electronic Services.”
- Select “My Services” from the menu.
- Choose “Visa Services.”
- Select “Cancel Final Exit.”
- Completing the Form
- Agree to the displayed terms and conditions.
- Fill out the cancellation form with the required information.
- Ensure that all entered data is accurate.
- Once you have verified the information, click “Submit Request.”
Check out: End of Service Benefits Saudi Labor Law: Rights After Contract Termination
After Final Exit How Long to Wait in Saudi Arabia
The Ministry of Interior in the Kingdom of Saudi Arabia has clarified, through the regulations and instructions related to travel visas for expatriates, that when a resident obtains an exit and re-entry visa or a final exit visa, they are allowed to stay in the Kingdom for up to two months from the date the visa is issued. If the resident does not leave within this period, they must visit the relevant passport authority to cancel the visa before it expires. If they wish to obtain a new exit visa, it will be issued according to the usual procedures and the prescribed fees.
The ministry also stated that if a resident is granted a final exit visa at the request of their employer and either the resident or the employer wishes to cancel it after it has expired, the visa will be canceled, and a fine will be imposed. If the resident wishes to obtain a new visa, it will be issued following the official procedures and payment of the applicable fees.
In conclusion, the Saudi labor law for final exit emphasizes the importance of awareness of workers’ rights and entitlements when facing termination of employment. From understanding end-of-service benefits to navigating the exit visa process electronically, being informed empowers workers to secure what is rightfully theirs upon termination of employment. Additionally, the regulations surrounding the final exit visa and associated timelines underscore the importance of compliance to avoid penalties. By staying informed about these processes, both workers and employers can ensure a smooth transition and uphold the standards set by the Saudi labor law.
Learn about: Saudi Labor Law Vacation Pay: A Comprehensive Guide
The Etqan Al Mutamayza Law Firm can provide the necessary support. You can contact their team
through the following mobile numbers: 056113776, 0541110440, 504315333
Alternatively, you can visit our branches:
- Jeddah: Al-Aziziyah District–Mohammed bin Abdulaziz Street (Tahlia)
- Riyadh: King Abdulaziz Street – In front of Kingdom
- Dammam: Al-Ashri’a Street, Al-Badeea, Dammam 32415.
(FAQ)
1. What are the rules for final exit in Saudi Arabia?
The rules for obtaining a final exit visa in Saudi Arabia are governed by the Saudi labor law and regulations issued by the Ministry of Interior. Key rules include:
A resident worker can apply for a final exit visa electronically through the Absher platform.
The worker must not have any outstanding violations or legal issues.
The worker is allowed to stay in Saudi Arabia for up to 60 days (two months) from the date of the final exit visa issuance.
If the worker does not leave within 60 days, they must cancel the visa through the passport office (Jawazat) before it expires.
If the visa expires without being used, a fine will be imposed, and a new visa can only be issued after completing the standard application process and paying the required fees.
The employer’s consent is required if the worker is under a sponsorship system.
Any outstanding dues or financial obligations must be settled before leaving the country.
2. What are the final exit benefits in Saudi Arabia?
When a worker exits Saudi Arabia permanently, they are entitled to receive the following end-of-service benefits and financial settlements:
1- End-of-service gratuity: Based on the duration of service and the worker’s last salary.
2- Unpaid salaries: The worker is entitled to any unpaid wages until the last working day.
3- Unused vacation days: Compensation for any unused annual leave days.
4- Overtime pay: Payment for any extra working hours that have not been compensated.
5- Repatriation expenses: If specified in the contract, the employer is responsible for the cost of the return ticket to the worker’s home country.
6- Contractual benefits: Any other financial entitlements specified in the employment contract.
3. Can I come back after the final exit in Saudi Arabia?
Yes, you can return to Saudi Arabia after a final exit visa under the following conditions:
There should be no ban or legal restrictions imposed on you due to violations or breaches of contract.
You can re-enter on a new work visa or any other type of visa, but not under the same employer if there was a contract dispute.
If you left the country with a clean record and without any absconding cases or unpaid debts, you are eligible to apply for a new visa.
If you left on a final exit visa due to legal or contract violations, you may face a ban from returning for a certain period (e.g., three years for certain violations).