Many expatriate workers ask about the kafala (sponsorship) system (نظام الكفالة): does it still exist? Can I transfer to another employer without my employer's consent? What about exit and re-entry visas and final exit? The short answer: the relationship between a worker and an employer in Saudi Arabia is now based on a documented employment contract, and labour market reforms have significantly eased many of the restrictions historically linked to sponsorship. This article explains what has changed, what depends on your contract, and when you need a lawyer.
What does kafala mean today?
"Kafala" is the common name for the legal relationship between an expatriate worker and the employer who brought him to Saudi Arabia: the employer is responsible for the worker's residence permit (iqama) and work permits, and the worker is tied to the employer by an employment contract. Under the Labor Reform Initiative (مبادرة تحسين العلاقة التعاقدية, literally "improving the contractual relationship"), launched by the Ministry of Human Resources and Social Development, the employment contract documented on Qiwa (the ministry's official labour services platform) has become the basis of the relationship. Subject to conditions, workers can now use:
- Job mobility: moving to another employer in specific cases and under specific conditions, without needing the current employer's consent.
- Exit and re-entry: applying for an exit and re-entry visa online, with notification to the employer.
- Final exit: leaving the country permanently after the contract ends or in the specified cases, while bearing the consequences of ending the contract before its term.
The conditions and periods for each service are set by the ministry and change, so check them on Qiwa and on Absher (the Interior Ministry's e-services platform) before taking any step.
What does your contract decide?
| Issue | Why the contract matters |
|---|---|
| Transferring to a new employer | Whether the contract has ended or is still running changes the conditions and the consequences |
| Ending the contract before its term | Compensation may be owed to either party. Read Article 77 |
| End-of-service award | Calculated on the wage, the length of service and the reason the contract ended. Try the end-of-service calculator |
| An absence-from-work report ("huroob" / تغيب) | It has procedures and consequences for the worker, and it can be challenged if it is untrue |
Common problems and how to resolve them
- The employer doesn't renew your iqama or doesn't pay your salary: these are among the situations that may allow a worker to transfer or to claim his rights. Document everything.
- A malicious absence report: challenge it through the competent channels, using anything that proves you were at work.
- Late salaries or unpaid entitlements: the route is a complaint, then amicable settlement, then the Labour Court. Read filing a labour case.
Keep copies of your contract, payslips, bank transfers and messages with your employer. Complaints and court cases are handled in Arabic, so documents in other languages will need translation.
Important: the Labor Law provides that claims relating to a worker's rights are not heard after twelve months from the date the employment relationship ends, so don't delay your claim.
Frequently asked questions
Has the kafala system been abolished?
An expatriate worker is still tied to an employer and an employment contract, but many of the earlier restrictions have been eased by the contractual relationship reforms, and workers now have legal options that were not available before.
Can my employer keep my passport?
As a rule, a passport is a personal document kept by its holder, and holding it without his consent is a violation. If this happens to you, document it and seek advice.
Can I work for someone else after working hours?
Working for anyone other than your employer is subject to specific rules, and working outside them may expose you to a violation. Check the legal options before taking any step.
A problem with your employer?
The Usus Law Firm team handles labour cases for workers and employers, and advises in Arabic and English, in Riyadh and Tabuk. Also read our guide to the Saudi Labor Law.
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
Request a quick consultation
Leave your name and mobile number, and a lawyer from our Riyadh or Tabuk office will call you during working hours. We advise in English.
