Job Transfer in Saudi Arabia Without Employer Consent: Labor Reform Initiative Guide

For decades, the kafala (sponsorship) system in Saudi Arabia meant you could only work for the employer who sponsored your iqama. Changing jobs required employer consent — and many employers used this to trap workers.

That changed in 2021 with the Labor Reform Initiative (LRI). Today, under specific conditions, you can transfer your sponsorship and change jobs without your employer’s consent. But the rules are specific, and not everyone qualifies.

This guide covers exactly when you can transfer, how to do it on Qiwa, and what happens if your employer refuses.

Updated 12 November 2026: An earlier version of this guide gave several wrong rules (a “2 years of service” condition, a 15-day employer response window, and “2+ months” of unpaid salary). They have been corrected below using the Ministry of Human Resources (HRSD) LRI guidebook and the Labor Law’s Implementing Regulations.

What Changed: Kafala Reform (Labor Reform Initiative)

HRSD announced the Labor Reform Initiative (officially the “Contractual Relationship Improvement Initiative”) on 4 November 2020, and it took effect on 14 March 2021 for all expatriate workers in private-sector establishments (HRSD). It has three parts:

• Job mobility — moving to a new employer without the current employer’s consent in defined cases
• Exit and re-entry — the worker can request it on Absher during a valid documented contract; the employer is notified electronically
• Final exit — the worker can request it on Absher after the contract ends; the employer is notified electronically

Domestic workers are not covered by these LRI services.

Important: The kafala system is not fully abolished — it’s been reformed. Your employer still sponsors your iqama, but you have more rights to leave and transfer than before.

When Can You Transfer Without Employer Consent?

Condition 1: Your Documented Contract Has Ended

When your documented (Qiwa-registered) contract expires, you can move to a new employer without your current employer’s approval.

Condition 2: During the Contract — 12 Months + Notice

While your contract is still running, you can move without consent if:

• you have completed 12 months since you first entered Saudi Arabia to work for your current employer,
• you have a valid documented contract,
• a new employer has made you a job offer on Qiwa, and
• you give your current employer the notice period — at least 90 days, unless both sides agree otherwise (if less of the contract remains, the shorter period applies).

Leaving a fixed-term contract early can still make you liable for compensation under Article 77 of the Labor Law, so read your contract first.

Condition 3: Exceptions (No 12-Month Wait)

HRSD’s guidebook and the Implementing Regulations also allow a no-consent move when:

• your work permit or iqama has expired (subject to Nitaqat rules),
• you have no documented contract, or no work permit was issued within 90 days of your entry,
• your salary has not been paid for three consecutive months (you must apply within one Hijri year and must not have caused the delay),
• your employer is absent (travel, imprisonment, death or similar) and the business can’t meet its obligations,
• your employer misses two labour-court hearings without an accepted excuse in a case you filed,
• you are a victim of human trafficking, or you reported commercial concealment (tasattur) by your employer and it was proven.

Some of these exceptions are approved by the Minister or a delegate rather than applied automatically.

Article 81 — Leaving Without Notice

Separately, Article 81 of the Labor Law lets you leave work without notice while keeping your rights if your employer fails essential contractual or legal obligations, deceived you about the job terms, assigned you work essentially different from what you agreed without your consent, or assaulted you. If you rely on Article 81, document everything and use HRSD’s complaint and labour-dispute channels.

When You CANNOT Transfer Without Consent

• Within your first 12 months after entering the Kingdom — unless one of the exceptions above applies
• If you already have another transfer request pending
• If an absence-from-work report has been filed against you and the 60-day window (below) has passed
• If a final court ruling conflicts with the transfer
• If you’re on a visit visa (only iqama holders working under the Labor Law can transfer)

How to Transfer on Qiwa — Step by Step

The same Qiwa service is used whether or not your employer agrees (HRSD service page):

1. New employer sends you a job offer (transfer request) on Qiwa
2. You log in to your Qiwa individual account and accept or reject the offer
3. Your current employer is notified — any notice period starts from here
4. Qiwa checks the conditions (yours and the new employer’s, including Nitaqat)
5. After approval, your records are updated and a new work permit is issued under the new employer

• With employer consent: there is no minimum service period (unless Nitaqat rules say otherwise), and the current employer can shorten the notice by bringing forward the contract end date on Qiwa.
• Without consent: the transfer completes after the notice period if you meet the conditions. Your employer cannot simply block it by not responding.

HRSD lists the service as free of any additional fee; the new employer bears the usual transfer-related government fees.

What Documents You Need for Transfer

HRSD’s service page lists no documents for the worker — the process runs on Qiwa data. Before you start, it still helps to have:

What Happens to Your ESB When You Transfer?

A transfer does not cancel what your old employer owes you. Your ESB depends on how the employment relationship ended:

• Contract ended or employer terminated: full ESB (Article 84)
• You left under Article 81, or due to force majeure: full ESB (Article 87)
• You resigned: reduced ESB under Article 85 (one-third after 2–5 years, two-thirds after 5–10 years, full after 10+ years)

Important: Get your ESB and other dues documented and settled before the transfer completes. Claiming later is possible through HRSD or the labour courts, but harder in practice.

The 40% Indian Worker Cap

In July 2021, Okaz reported that Qiwa had emailed some establishments saying Indian workers could not exceed 40% of an establishment’s workforce (the same limit for Bangladeshi workers; 25% for Yemeni and 1% for Ethiopian). According to that report, the limit affected new visas and transfers of the same nationality into an establishment already above the cap — not existing workers’ renewals (Okaz).

HRSD has not published this as a general regulation, and we couldn’t confirm how it is applied today. What to do: if Qiwa rejects a transfer with a nationality-limit message, ask the new employer to check their establishment’s nationality limits on Qiwa.

Common Issues Indians Face During Transfer

Issue 1: Employer Refuses to Approve

Once you meet the conditions (contract ended, or 12 months + notice, or an exception), your employer’s refusal does not stop the transfer.

Solution: Ask the new employer to send the offer on Qiwa, accept it, and serve the notice period. Keep screenshots.

Issue 2: Employer Files an Absence Report (Huroob)

Some employers file absence-from-work reports when workers try to leave. Under HRSD’s updated rules, when an employer reports that a worker stopped coming to work, the worker has 60 days to transfer to another employer or take final exit; after that, the status becomes “absent from work”, which is much harder to fix.

Solution: Check your status on Absher/Qiwa regularly. If a report is filed, act within the 60 days. If you believe the report is false, raise it with HRSD (labour dispute/complaint).

Issue 3: Delay in Processing

HRSD describes the service as immediate once the conditions are met, but the notice period (at least 90 days for a no-consent move during a contract) sets the real timeline.

Solution: Follow up on Qiwa. Call HRSD at 19911 for status questions.

Issue 4: New Employer Not Eligible

The new employer must have an active commercial registration and a Nitaqat band that allows transfers.

Solution: Ask the new employer to confirm their Nitaqat status before sending the offer.

Nitaqat System — How It Affects Transfers

Under the current (“Developed”) Nitaqat program, companies are rated in five bands — there is no longer a Yellow band:

Check an employer’s Nitaqat status: the employer can see it on Qiwa; you can also call HRSD at 19911.

Special Cases for Indians

Indian on Final Exit

If you’re on final exit and want to return to Saudi Arabia with a new employer:

• You need a new work visa from the new employer
• The new employer applies for the visa through Qiwa
• Make sure you left with no unpaid fines or open cases

Indian with Multiple Jobs

Saudi law generally does not allow you to work for another employer on your own. Temporary work for another establishment has to go through official channels with your employer’s involvement — don’t take side work without it.

Indian on Dependent Iqama

If you’re on a family (dependent) iqama and want to work:

• A new employer must transfer you onto a work iqama under their sponsorship
• The employer handles the work permit
• Check the current rules with the employer and Jawazat before you resign from anything or travel

Related Articles

• ESB (End of Service Benefit) Calculation Guide — Your gratuity when transferring
• Terminate Qiwa Contract Without Notice Period — When you can leave immediately
• How to View and Download Qiwa Contract — Verify your current contract
• Huroob Status — How to Check — Verify no absconding report
• Jobs & Employment Guide — Complete employment guide

FAQ

Can I change jobs in Saudi Arabia without my employer’s permission? Yes, under the Labor Reform Initiative — when your documented contract has ended, or during the contract once you’ve completed 12 months since entering Saudi Arabia and serve at least 90 days’ notice, or in exceptional cases such as three consecutive months of unpaid salary or an expired iqama/work permit.

How long does the transfer process take? Qiwa processes the request once the conditions are met. With your employer’s consent it can be quick; without consent, the notice period (at least 90 days during a running contract) sets the timeline.

What if my employer refuses to release me? If you meet the conditions, the employer’s refusal doesn’t block the transfer. The new employer sends the offer on Qiwa, you accept, and the transfer completes after the notice period.

Do I get my ESB when transferring? It depends on how the relationship ended. Contract ended or employer termination: full ESB (Art. 84). Leaving under Article 81: full ESB (Art. 87). Resignation: reduced ESB under Article 85.

Can my employer block my transfer by filing huroob? An absence report makes things harder. After an employer reports a work interruption, you have 60 days to transfer or take final exit. If the report is false, raise it with HRSD.

Is there a limit on how many times I can transfer? We couldn’t find an official limit on the number of transfers. Each transfer must meet the conditions above, and you can’t have two transfer requests pending at once.

What if my new employer is at 40% Indian workers? A 40% nationality limit was reported in 2021 for new visas and transfers. If Qiwa rejects the transfer for that reason, the new employer will see a nationality-limit message.

Can I work for two employers at once? Generally no — not on your own. Any temporary work elsewhere must go through official channels with your employer.

This article reflects Saudi Labor Law and HRSD guidance as of November 2026. Rules may change — always verify with the Ministry of Human Resources (hrsd.gov.sa) or call 19911 for the latest information.

Official Sources:

• HRSD — Transfer of services (freedom of movement) service
• HRSD — Labor Reform Initiative Services Guidebook (PDF)
• Qiwa Platform
• Embassy of India, Riyadh — Labour Law
• HRSD — Nitaqat Calculator