Decision No (79) for 2009 Regarding the mobility of foreign employee from one employer to another
Source: Ministry of Labour
After the perusal of decree no. 19 for the year 2006 with regards to the regulation of the Labour Market in particular the article 25 of the same and
And decree No. 75 for the year 2006 regarding the establishment of the board of the Labour Market Regulatory Authority and decision no. 76 for the year 2008 regarding the regulation of work permits for foreign workers other than domestic and amended by decision no.78 for 2008,
And after having consulted the public and concerned bodies
And after the approval of the board of directors and based on the proposal of the Chief Executive Officer for LMRA
Has decided as follows:
Article 1
In the implementation of this decision the following words and expressions will have the following corresponding meaning unless specifically mentioned otherwise:
The Authority: The Labour Market Regulatory Authority LMRA.
The employer: Any Natural or Legal person who employs one or more workers, in the Kingdom in return for wages of whatever nature, Fixed or varying, in cash or in kind. This includes any government entity (public Organization and/or Authority), a company or office or establishment or any entity of the private sector.
Worker: Any natural person who works for an employer and under his administration or supervision, in return for wages, of whatever nature, fixed or varying, in cash or in kind.
Work permit: a permit issued by the LMRA in accordance with this Act, in favor of an employer, to hire a foreigner as stipulated in the permit.
Mobility: the transfer of a worker from one employer to another.
Article 2
In line with clause b of article 25 from decree No 19 for 2006 with regards to the regulation of the Labour Market, the foreign worker has the right- without requiring the consent of the employer- to move from one employer to another without breaching the rights of the employer as per the articles of the law or the clauses of the employment contract between the two sides.
Article 3
It is the duty of the worker when he desires to move from his employer before the expiry of his work visa or cancellation of the same, to notify his employer in a registered letter with a notice of receipt of the same, with in the agreed period of notice for end of the contract as per the law or the employment contract between the two, not exceeding 3 months from the date of the intended move.
Article 4
The other employer has to apply to the Authority for a new work visa for the employment of the worker wishing to move to him as per the rules and regulations defined in decision 76 for 2008, the application must include a copy of the notice to the previous employer as per the previous article and evidence of receipt of the same notice.
Article 5
A- In line with articles of decision no 76 for 2008 the Authority will verify the application for the new employer to issue a work permit to employ the worker wishing to move, to make sure the requirements are met, the authority may request the same new employer to provide any further details, documents and information required to process the application within 3 working days from the date of application.
B- The Authority issues an order to process the application with in 3 working days from the submission of the completed documents and information required, and the approval of the concerned entities. If the application is rejected the authority has to provide the reasons for the rejection.
Article 6
The Work visa issued to the new employer for employing the worker is valid form the moment of payment of the assigned fees.
Article 7
It is the duty of the worker who desires to move to another employer at the end of his work visa issued for him or cancellation of the same by the employer for any reason may be, to inform the Authority of this in the format the authority assigns for this purpose, in advance at least 30 days before the expiration or 5 days from the notice of his cancellation by the employer. This can be done electronically, in this case the worker is granted 30 days grace period to move to the other employer and during this period he may not take up any form of employment.
Article 8
The foreign worker does not have the right to move or the get a grace period as mentioned above if he falls into the categories mentioned in clause B of article 25 of decree no. 19 for 2006 regarding the regulation of the Labour Market.
Article 9
The Chief Executive Officer of the Authority will implement this decision and enforce it form three month of the following day of the issuance of the same in the National Gazette.
Dr. Majeed Bin Mohsen Al Alawi
Minister of Labour
Chairman of the Board of LMRA
Issued on 16th April 2009
Last Update: Thursday 16 April 2009
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