Wednesday, 10 September 2014

Can Kafeel ban or blacklist expatriate with Final Exit?

People come up with this question several times that their Kafeel is threatening them to ban or blacklist for several years if they ask for final exit. Several queries on single subject urged me to write this post to clarify the legal point of view in this regard. Before going into the detail of banning an expatriate or blacklist him I want to clarify that asking for final exit is your basic employment right while working in a foreign country. Saudi Labor Law allows an expatriate to ask for a final exit if he has completed his contract. An expatriate can ask for final exit even before completion of contract with some penalties. I have explained the Saudi Labor Law regarding contracts in very detail in this article “Fixed Term and Indefinite Contracts”.

After completion of your contract, you have every right to ask for the final exit from your employer. The Do’s and Don’t’s of Final Exit have already been explained in this article. “Do’s and Dont’s of Final Exit”.  If your employer threatens you to ban or blacklist you if you ask for final exit, don’t even care for that if you have not committed any fraudulent activity in Saudi Arabia. You should be aware that a Kafeel does not have any power to ban or blacklist a person in Saudi Arabia. The power to blacklist a person lies only with the Ministry of Interior. However, you must not sign any letter from Kafeel in any language unless you fully understand it. Do not trust on translation of Kafeel. Ask someone whom you know to do the translation for you. It is possible only if you sign yourself that you will not be entering to KSA or something like that. Kafeel can fraudulently ask you to sign something.

Even if an employer wants to ban or blacklist an employee from re-entering to Saudi Arabia, he will have to prove it in front of Ministry of Interior that employee has done something substantially wrong. If Ministry of Interior is satisfied with his claim (and they are not satisfied unless a solid proof is presented to them), expatriate can be banned or blacklisted from entering to Saudi Arabia.

What can be the solid proof in this regard? A proof that employee has committed fraud or an employee went to exit re-entry visa and never came back, or an employee who has signed a contract with the employer restricting himself to not to work in Saudi Arabia for X number of years after final exit can be suitable evidences.

Labor Disputes
  1. What to do if you don’t receive salary on time?
  2. Duration of Ban to enter back to Saudi Arabia in Case of Huroob
  3. Huroob as a blackmailing tool by Clever Sponsors
  4. Two Years Ban on Expatriates leaving on Final Exit in Saudi Arabia


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