Filipino Jobseekers at POEA
To: Filipino workers seeking employment in the Kingdom of Saudi Arabia
You are kindly requested to read the following information.
I. Saudi sponsorship (“Kifalat”) system:
Saudi sponsorship (“Kifalat”) system: A Saudi sponsor (”Kafeel”) is entitled under the local laws to certain controls on his/her employees. Only the sponsor can obtain work-permit, resident permit (“iqama”), final exit/ exit re-entry or any other legal documents for his/her expatriate employee. Saudi sponsors usually keep passports of their workers with them and provide only resident permits to allow the workers to move around inside Saudi Arabia. The only legal way for an expatriate worker to leave Saudi Arabia, if the sponsor does not co-operate, is through labour courts, which may take several months. Since all expatriate workers are now finger-printed on arrival, it is not possible to leave Saudi Arabia without sponsor’s clearance.
II. Free Visa:
There is no such category as free (“Azad”) visa. All work visas include name of the sponsor/establishment. It is illegal to work with an employer other than the sponsor. It is also illegal to run independent businesses/shops registered in the names of Saudi nationals (against some monthly or annual payment). Expatriates can legally work only as employees of their sponsors (unless they fall into the category of investors).
III. Domestic workers or Filipino Household Service Worker:
The domestic workers are not covered under the Saudi Labor Law. House-drivers, house-boys, housemaids, agriculture workers, shepherds, baby-sitter, house-nurse, cook (for house), ladies tailor, beauticians, house cleaners, etc., have been categorized as domestic workers. There is no fixed work-schedule/duty hours, provision for mid-term leave etc. for domestic workers. Domestic workers are not entitled to seek redressal of their work related disputes through Saudi Labour courts. A domestic worker’s normal tenure is two years.
IV. Escaping from work-place:
A sponsor can report his/her employee runaway (“huroob”), if the worker absents himself from work without permission (work-strikes are illegal in Saudi Arabia). Once a worker is reported run-away, his status becomes illegal and he cannot approach any Saudi authority for redressal of his grievances. The only course left to a run-away worker is to submit to the law of the land and report to the nearest deportation authority (‘Tarheel’). Obtaining requisite clearances (from the sponsor and other Saudi authorities) may take the deportation authorities a couple of months and during this time the run-away worker may have to stay in overcrowded deportation centers. A detainee deported through deportation centre is banned from entering Saudi Arabia for a period of five years (The ban may be extended to other GCC countries in near future).
V. Leave/vacation:
Saudi labour law has provision of annual leave. However, in practice, the sponsor can postpone the leave taking the plea of functional requirements. Sanctioning Emergency leave to an employee depends entirely on the subjective satisfaction/ state of relationship between the employee and his/her sponsor. Since a large number of employees do not return to Saudi Arabia after availing leave, most small establishments/individual employers retain the visa cost, resident permit, medical insurance and other incidental expenses incurred for recruiting the worker as security before allowing the worker to go on leave.
VI. Termination of work contract:
A sponsor may not allow his employee to leave Saudi Arabia before completing the contract (2/3 years). A sponsor can legally claim all expenses incurred for recruitment to release his worker before completion of contract term. Usually, the Saudi contracts do not include clause for mid-term termination of contract (after due notice). Even where the mid-term termination clause is there, the Saudi labour courts may postpone release of worker on certain grounds (arrival of replacement, completion of an ongoing project completes, etc.).
VII. Legal recourse:
A worker may approach Philippine Embassy or Philippine Overseas Labor Office or POLO/OWWA office or direct to Saudi Labor Office to file a formal complaint against the employer’s violation of Saudi Labor Law. OFW runaways are advised to report to Assistance to National Section of the Philippine Embassy or to POLO/OWWA within 24 hours. Do not let your employer do the first move or report you as Absconder to Saudi authorities or police.
Legal process in KSA is slow and even implementation of court verdict may take a long time like any other courts in every country. However, it will take more time if the worker’s employer is not cooperating.
VIII. Recruiting agents:
Workers should directly deal with Philippine recruiting agents or agency authorized or licensed by POEA and pay only the prescribe charges. Middlemen should be avoided. They are advised to check the work visa & work contract (salary and other conditions) carefully and should never leave Philippines without obtaining a copy of written work contract (signed both by the worker and recruiting agent/representative of the sponsor) and preferably attested by POEA.
IX. Precautions: Bringing the following items into the country is an offence:
i. Drugs (it carries death penalty in Saudi Arabia) (Certain kinds of medicines may be misunderstood as drugs and therefore, bringing in any kind of medicine should be avoided)
ii. Alcoholic drinks.
iii. Non-Islamic religious symbols/photos/pictures/idols
iv. Obscene print/audio/video material
X. Vital information:
A worker should carry a copy each of the passport, work-visa & work contract and also complete contact details of the sponsor, recruiting agent(s), Embassy/Consulate of Philippines in Saudi Arabia. The information should also be available with the family of the worker in Philippines.
XI. Saudi justice system:
Saudi Arabia is an Islamic country ruled in accordance with the Sharia. Apart from the sentence for a crime (under public rights), the convict also has to pay damages to the affected party (under private rights) before he could be released.
XII. Assistance from Embassy/Consulate:
The Embassy may be approached by a worker for resolution of labor dispute with his/her sponsor. Embassy/consulate officials try to persuade the sponsor for a reconciliatory settlement. However, if the matter remains unresolved, a worker may have to approach the concerned Saudi authorities/labor court assisted by Embassy or POLO. It is not within the purview of the Embassy/Consulate to direct a Foreign Employer/ Saudi government authorities to grant leave, send a worker on exit or settle the dues.
Prospective workers are, therefore, advised to insist on provision of “mid-term termination” (by giving a prior notice or depositing one/two months salary etc. in lieu thereof ) in the work contract.
XIII. Transfer of sponsorship (Tanazul) and NOC:
It is the prerogative of the sponsor to grant transfer of sponsorship or provide NOC at the end of the contract term. Transfer of sponsorship and NOC, therefore, should be negotiated between employee and employer. A worker should finished first his 2 years contract with his sponsor before he can request for a transfer of sponsorship.
XIV. Exit re-entry visa: GCC countries through cooperation agreement are contemplating to implement a measure to ensure that workers, who go to their countries on leave should return to complete their contract terms. Workers leaving Saudi Arabia on exit re-entry visa, therefore, may not be able to enter any GCC country if they fail to return to work before the re-entry visa expire.
Those with exit re-entry visa who are able to return to KSA with new employer, will experienced questioning by Saudi Immigration authorities at the airport upon detecting that their identity and fingerprints match to those expatriates with pending records or having previous exit re-entry visa in their immigration data system.
Please be guided accordingly.
This is a joint information campaign of the Overseas Filipino Workers Congress (OFW Congress in Riyadh Saudi Arabia and the Kalipunang Kaakabay ng Mangagawang Pilipino sa Saudi Arabia (KAKAMPI-KSA).
Thank you.
Manuel A. Amora
Secretary General
OFW Congress-Riyadh
OFW Congress
For reproduction of this information, please contact the blogger.
ask ko lang po may exit re entry visa ako nag expired na po to nung feb 14 2011 pwede na po ba ako makapunta sa ksa or any gcc countries para magtrabaho……
Sa KSA po mukhang ma hold ka for questioning, the worst airport to airport ka. Pag sa ibang GCC countries, hindi po kita msagot ng eksakto. Makipag-ugnayan sa iyong agency.
magtatanong lang po…
kapag po ba ang isang housemaid nag asawa at may consent po ng employer nya… at transfer na po yong visa sa magiging asawa nya. pano po yon..? pwede po bamag work ng kahit ano ang babae po housewife visa lng po..
salamat po…
Saan po kayo ikinasal? At anong visa po yong sinabi ninyo? Dependent Visa ba?
Good pm po Sir, ask ko lang po kung ilang months/days before mag-expire ang issued working visa to KSA?
Thank you very much po Sir.
Kung ang tinutukoy mo ay ang working visa papunta sa KSA, depende po kung anong validity ito. For example 90 days ang iyong visa, dapat lamang na ayosin kaagad bago ito ma-expire upang mabigyan ka ng work permit or iqama para maging legal ang iyong working status. Ang iqama naman ay may isang taon or dalwang taon bago ma-expire.
good day, i am Erico Mendoza i am a first timer, i’ll be working as a baker and is expected to leave for KSA in a weeks time.. ask ko lang po how will you know if the visa your agency applied for you is a work visa or not, pero dumaan po sa POEA yun papers ko nakapag PDOS narin po ako at yun visa po ang nakalagay na duration of stay is 90days lang samantalang 2yrs. po ang contract na pinrmahan ko,
please advice me po regarding this matter they keep on insisting na ligal daw po ang lahat.
salamat po i’ll be expecting your hasty reply
Pag dumaan ka sa ganyang proseso ayon sa sulat mo, ibig po sabihin working visa po ang dala mo papunta rito. Totoo po na 90 days lang ang duration ng visa mo and within that span of time, your employer must secure a work permit para maisyohan ka ng iqama na valid for 1 or 2 years. Natural lamang po ang ganyang nakatatak sa Visa ng mga first timer.
Work Permit and Visa Validity Period – The work visa generally allows its holder to enter Saudi Arabia for an initial period of 90 days and cannot be extended. The Work Permit and Iqama are generally valid for an initial period of one to two years, and may be renewed indefinitely.
sir im working as a nurse in ministry of health in najran…i want to bring my husband here in my place and also he will apply for a job….what steps i will do
? heard some advice and mostly indians are doing..this kafeel they are paying around 10k rials to get a driver visa…then they will search for another job if they came here in ksa…my husband is a pol scie and law grad…but its ok with him to do other job because the priority of going here in saudi is to be with me…a job for him js much better.
Pahanapin mo nalang ng job ang mister mo sa Saudi particularly in Najran and everything follows. Huwag po kayong mag try sa ganyan na paraan kasi marami po ditong nangyari na ang Kafeel ay palaging humihingi ng kabayaran sa nabigyan niya ng visa at pag hindi ito makapagbigay, e-report niya ito na tumakas.
Kung ako po sa iyo Maam, gamitin na lang po ng Mister mo ang kanyang propesyon sa atin, ibig ko pong sabihin huwag na pong pumunta rito sa KSA. Lawyer naman po ang iyong Mister, siguro naman po mabubuhay kayo ng inyong Mister kung nandoon ka rin sa Pinas.
Sir Bong,
Tanong ko lang po kung ano po ang mga kailangang requirements para pwede kaming magkita ng kapatid kong babae. Parehas kaming nandito sa Saudi nagtatrabaho. At alam naman po natin ang mga patakaran dito.
Maraming Salamat,
Rodel
Wala pong papel na kailangan dahil kung masita kayo sa pampublikong lugar na magkasama masisita pa rin kayo at hanapan kayo ng papel na magpapatunay na kayo ay mag-asawa. Ang maganda po ninyong gawin ay magpaalam sa employer na bisitahin po ninyo ang inyong kapatid na babae. Halimbawa kung nasa bahay siya namasukan, humingi kayo ng request na makabisita ka sa bahay ng kanyang amo. IPakita po ninyo ang kopya ng inyong passport o anomang bagay na makapag identify na magkapatid kayo. Kung sa hospital naman siya nag trabaho mas madali ang magpaalam sa security guard or sa personnel department na bisitahin mo siya. Kung sakaling sa ibang lugar kayo magkita, ilagay lamang po sa lugar ang pag-uusap na hindi mabigyan ng masamang kahulugan sa mata partikular na ang mottawa. Iwasan rin ang paghawak sa kamay, malapitan na pag-uusap, pabulong na mga salita at paghalik na maging daan na masita kayo.
Sir Bong,
Plano ko pong mag-exit na this coming march since dumating ako dito march 2009 with same employer pero iba ung sponsor sa iqama ko. Last May 2011, nagbakasyon ako via exit visa then bumalik ako with a visa under na ng name ng mismong employer ko. Sabi ng manager nmin bago ako magbakasyon na continues pa rin ung ESB ako kahit na bumalik ako using new sponsor since the same company pa rin nmn ako magtatrabaho. Tanong ko lang po in may case na kung mag-exit ako this March 2012 eh mkukuha ko ba ang dpat na benefits ko kahit na may pinirmahan kami na contract nitong pag-balik namin nung July 2011 with the same company?
I came on a Final Exit Visa, but I have a feeling that the sponsor has made Huroob against me in Tarheel. But, I was not taken to Tarheel for giving fingerprint or didn’t stay in Tarheel /deportation jail. I was taken to the airport and was sent through the immigration, only the company employees accompanied me. A black stamp was put on my passport near the visa page and in my exit paper.
I was been told by one of my friend that the sponsor would have taken my passport to Tarheel without my knowledge and stamped Huroob and thereafter gave my Final Exit Visa so that I can’t return back to KSA in a new visa with another employer. Can it be done in this manner by the sponsor to put Huroob without taking me to Tarheel or put me in Deportation Jail. I wish to return back to KSA in a new visa.
Thanks in advance for your kind support.
rgds,
Jhowie
Jhowie,
Your employer was very smart, he had done it just to make sure you can’t return back to KSA and since you are now in Pinas, you can’t do anything about it. You were deported and all deportees are not allowed to enter anymore in the Kingdom. Naka black list na po kayo.
I will try to post an article about Huroob in our blog para na rin maging aware ang ating mga kahanay tungkol dito.
Bong
Sir Bong,
Good day!
Ask ko lang po kung may age limit po ba ang pagwowork sa Saudi? Will the Saudi Embassy in the Philippines would provide a work visa for a 62 year old worker?
Your response will be greatly appreciated
Thank you and Mabuhay!
Dex
Article 74
A work contract shall terminate in the following cases:
1. If both parties agree to terminate it, provided that the worker’s consent be in writing.
2. If the term specified in the contract expires, unless the contract has been explicitly renewed in accordance with the provisions of this Law in which case it shall remain in force until the expiry of its term.
3. At the discretion of either party in indefinite term contracts.
4. The worker attains the age of retirement, which is sixty years for males and fifty five years for females, unless the two parties agree upon continuing work after this age. The retirement age may be reduced in cases of early retirement as provided for in the work organization regulation. If it is a fixed-term work contract which extends beyond the retirement age, it shall terminate at the end of its term.
5. Force majeure.
Hello sir,
Ask ko po ang inyong advise tungkol po sa sumusunod:
1> Nagbakasyon ako d2 sa Pilipinas noong MAr 4, 2011 pero di ako nakabalik sa dati kong employer Visa ko nung April 2011 at expire n rin ang iqamah ko noong July 2011
2.> BAlak ko pong mag apply ulit sa ibang employer sa |SAudi ulit.
Magkakaroon po ba ako ng problema sa immigaration sa Saudi kc ayaw po magbigay ng dati kong employer ng NOC pero bago na po itong passport ko. Waiting for your advise po. Salamat ng marami and God bless po.
Diosdado Villegas
Dado,
Expire man ang iyong iqama or visa, nasa record pa rin ng immigration ang iyong status. At since may re-entry ka, naka blacklist na po ang iyong pangalan sa Jawasat. Makalusot ka man sa Saudi Royal Embassy visa stamping, medyo delikado ka sa immigration. Pero siguro diyan pa lang sa Saudi Embassy sa atin mahirapan ka ng lumusot.
Bong
thank you so much Sir Bong, Paano ko po ma-contact ang saudi embassy, pwede lang ba tawagan sa land line nila o Kailangan ko talagang puntahan ng personal? salamat po .
Neil,
Mas maganda kung personal mong puntahan.
Bong
hello po sir bong,
may gusto lang po akong itanong, kasi po nabasa ko po dito na strict masyado ang pagdala ng gamot sa saudi baka mapagkamalang eto ay bawal na gamot. ang tanong ko po, kahit may prescription ba ng doctor ko ang gamot na dadalhin ko ay may possible din bang maging violation to sa kanilang law? sayang din po kasi ang opportunity na offer sa akin sa riyadh, fit to work nman po ako sa medical ko, pero di po alam ng physician na nag examine sa akin na may medical history ako ng seizur. pero sabi kasi ng doctor ko 10 years na po akong free of seizure but i need to continue my medication. may maitutulong po ba kayo sa problema ko?
Neil,
If you are under medication, check with Saudi Embassy whether the medicine prescribed to you are prohibited in KSA. Doctors’ prescription is very necessary and should be carried along with its original packing. Make sure that the label about the drug in the packing can be read and understand by Saudi Customs and immigration authorities when checking.
Good luck.
Bong
Dear Sir:
If the Saudi employer/sponsor allows the OFW to go on a vacation, what should the former do in order that the OFW may not file a malicious compliant before the labor court in his/her homecountry to justify his/her non-returning to Saudi?
Thank you for all the vital information you have published in this website. It is indeed a great help.
CJ,
Kung bakasyon, wala po. Pag exit meron, ito ay ang quitclaim or waiver na natanggap mo ang lahat ng benepisyo at wala ka ng hahabolin pa na kahit ano sa employer.
Bong
Hi sir
my name is jennifer a. mendoza. i have been married, and have a son, and currently i’m expecting again. I have been blessed with my family, for 3 years now, i have been out of pinas, i’m here in the states with my husband and my kids. my mother and my brother is still there in pinas..anyway, maybe you might be wondering why i wrote you, i am curious and wondering if you could help me. My father works in KSA for a long time (20+yrs). the last time he went home, if i’m not mistaken was, 2000 or it might be 2002(sorry my memory is not that good on dates).
Anyway, I just wanna if he is still there, bcoz he does not call or send any mails to my mom, like he used to. anyway, his name, is ARSENIO FERNANDO MENDOZA, his around 60+ yrs. old. the last time he sent money was a couple of months back, and my nanay saw that it was sent from jubail, i mean, it was sent in jubail. i just wanan know if or how’s he doing, or kung may 2nd family sya(i really dont care)..i just wanna have a peace of mind, or so my mom can move on. baka kau po ay may mga friends sa jubail, maybe they know him. i would really appreciate if u can help me..so sorry po kung medyo its so complicated.I just wanna know how his doing.
thank you po!!
respectfully yours,
jennifer mendoza-segoviano
P.S
you can emal me po@: jennysegoviano@yahoo.com
Hi Jen,
Thanks for your letter. I understand. I wil not promise but I will try my best. I will start by asking some of my friends in Jubail, if not, I will try the other way around, ok.
Best regards and good luck sa bagong darating na buhay. Take care.
Bong
it has been a rampant practice among the Filipinos in the Middle East particularly in Riyadh to indulge in fake marriages just to be with his/her “love” in this very strict country where it is a sin to see male and female together regardless of what their relationship is. My cousin in the Philippines was abandoned by her husband because of a woman he married in Riyadh. We all know that it is not accepted under the Philippine law and therefore, my cousin has all the reasons to file a complaint, However, the husband keeps on denying it . We have no other means to verify the truth on the news that reached us that he indeed married this woman. At this point sir, where can we see a copy of the marriage certificate which they presented to the authorities in Riyadh? The news reaches us that they got married in the Phil. Embassy in Riyadh. Please help us sir as to where we can get the evidence.
We will appreciate your help on this. Thanks sir.
Crystal,
There’s no such thing as fake marriage pag sa Philippine Embassy ginawa dahil kung sa PhilEmb ito, hindi ito peke. Istrikto ang ating embahada sa mga kasalan rito sa KSA dahil na rin sa mga BAWAL NA PAGIBIG na naglipana rito. May proseso sila na hniihingi muna ang kopya sa Statistics office at alam nyo naman siguro na ang CENOMAR ay just a click away (you can find it in our sidebar).
Marami ang gumagawa ng ganitong pekeng dokumento at ito ay na diyaryo pa mismo rito. Ngunit hindi ito basta mawawala hanggang may mga katulad nating Pinoy (babae man o lalaki) na naglalaro ng apoy. Isa rin ito sa mga problema ng mga OFWs at alam mo ito Crystal na hindi lang ito ngayon, noon pa ang sakit na ito at hindi lamang ito sa Saudi kundi sa ibang bansa rin na may mga Pinoy na nagsasabing “Masarap ang Bawal na Pagibig”. Kaya lang ang nasa Pilipinas ang kawawa sa kadahilanang kung kasama mo ang iyong kaulayaw dito sa KSA mas lamang ang oras niya kaysa sa tunay. Ito rin ang maging dahilan upang mapabayaan ang tunay na pamilya dahil hindi natin maiiwasan na uusbong na maging mas matimbang ang kasama niya sa araw araw kaysa pamilyang hindi niya nakikita at nakakasama.
You can verify this matter directly in our Philippine Embassy. This is their website http://www.philembassy-riyadh.org/ . Puwede mong iderekta sa Consular Section ang iyong request. Dapat lamang na may ebidensya para magamit ito sa pag file ng complaint ng iyong cousin sa korte. Mas maganda kung nalalaman ninyo na nasa bakasyon ang Mr. ng iyong cousin upang hingin narin sa korte ang issuance of hold departure order upang hindi na ito muling makbalik sa KSA habang nililitis ang kaso.
Salamat sa pagbisita.
Bong
if ofw intend being single but hes not.. have a document to prove, what are the consequences that he may done?
if he fraud his background under the company?
he married before and he married again which don’t have yet an annulment on his first marriage ?
abandoned his children in the philippone?
do we have any result from that offenses?
tnx you
Zoe,
Fraudulent misrepresentation as to marital status is a serious offense. If you have proof, you can write a letter to his company/employer and am sure it can affect his employment record or standing. However, an official complaint can only be filed in Philippine court and if he is at present in Philippines, you can request a court hold departure order instructing Bureau of Immigration not to allow him to travel outside the country pending resolution of your complaint.
I advise you to consult a lawyer.
Bong