Rules Governing Law - Breaching Foreign Workers
Last Updated On Feb 12 2017 6:33PM
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Rules Governing Law - Breaching Foreign Workers

 
Article 1:

The Ministry of Interior, represented by its law enforcement agencies, shall undertake the following:
1.         Pursue, apprehend, penalize and deport foreign workers who work for their own account (illegal labor) or abscond from work as well as overstayers (including holders of Hajj, Umrah, visit (of all types), tourism, medical treatment or transit visa) and infiltrators arrested outside the border area.
2.         Purse anyone who employs offenders referred to in Article (1) of these Rules, allows his workers to work for their own account (illegal labor) , provides cover, harbors or transports the same or aids them by any means, as well as recruiters who do not report the overstay of their recruits.

Article 2:
1.         An offending foreign worker shall be deported at the expense of the employer, unless the worker absconds from work and this is reported in due time. In such case, the deportation cost shall be borne by the person employing him. An offending worker who works for his own account shall be deported at his own expense, but if he is unable to afford the travel ticket, he shall be deported at the expense of the State. Necessary and sufficient funds shall be allocated for such purpose.
2.         An offending foreigner entering the Kingdom under Hajj or Umrah visa, visit visa of all types or other types of visa shall be deported at the expense of the person employing him. If he works for his own account, he shall be deported at his own expense; otherwise, he shall be deported at the expense of the company, establishment or person sponsoring his visit or at the expense of the carrier or the person providing him with cover.

Article 3:
Hajjand Umrah companies and establishments shall notify the competent authority of any visitor who overstays his Hajj or Umrah visa.

Article 4:
The person sponsoring a visitor shall immediately notify the competent authority of his guest’s overstay. Otherwise, said sponsor shall be deemed to be committing an instance of cover up.
Article 5:
All companies, private establishments and individuals shall ensure that their workers obtain and renew Iqama (residence) and work permits in due time, and shall not employ workers of third parties, nor allow their workers to work for third parties without following established statutory rules or work for their own account and shall, within five days, notify the competent authorities of workers absconding from work.
 
Article 6:
All government agencies shall ensure that all foreigners working for them in fields falling within their jurisdiction have valid Iqama and work permits or are employed under officially approved contracts.

Article 7:
Any person found not be employing offending foreign workers, allowing his workers  to work for their own account or for third parties or employing workers of third parties without following established statutory rules shall be deprived of the right to obtain work or visit visas for a period not exceeding five years.

Article 8:
Any deported foreigner shall be prohibited from entering the Kingdom in accordance with periods and procedures specified in regulations to be issued pursuant to a decision by the Minister of Interior.

Article 9:
Offending foreigners referred to in these Rules shall be accommodated in centers created for this purpose pending deportation.

Article 10:
The Ministry of Interior shall apply to offenders referred to in Articles 1,3 and 4 of these Rules penalties stipulated in Articles 4 and 5 of the Statute on Treatment of Persons Entering the Kingdom under Hajj, Umrah, Visit, Work or Other Visas issued pursuant to Royal Decree No. M/42 on 18/10/1404 H.

Article 11:
Committees formed in the General Directorate of Passports and its branches shall review offenses referred to in these Rules and decisions thereof shall be subject to the approval of the Minister of Interior or his designee. The power to review such offenses may pursuant to a decision by Minister of Interior, be transferred to committees formed for this purpose at the Ministry of Interior.

Article 12:
Any person against whom an administrative decision is issued by the committees referred to in Article 11 of these Rules shall have the right to appeal said decision to the Minister of Interior within a period not exceeding thirty working days form the date of notification or knowledge of said decision.

Article 13:
The Minister of Interior shall issue the executive decisions required for the application of these Rules.

Article 14:
These Rules shall be published in the Official Gazette and shall enter into force as of the date of publication.