Kafala System Reforms in Saudi Arabia: What Migrants Need to Know

Kafala System Reforms have been among the most significant issues of interest among the expat workers and migrant communities in the Gulf. Millions of foreign workers are employed by the private sector in Saudi Arabia, yet they continue to experience such problems such as the delay of wages, seizure of passports, and restricted employment mobility. Although some of the rules have changed with the introduction of Kafala System Reforms in recent years, the sponsorship structure has not been entirely eradicated. Kafala System Reforms are vital to anyone who intends to work in the Kingdom.

What is the Kafala System in Saudi Arabia?

This is a sponsorship system that connects migrant workers to a local sponsor or employer, commonly referred to as a kafeel. This system has been influencing the legal status of expat workers in Saudi Arabia and throughout the GCC for decades. Opponents argue that the system brought about a disparity of power whereby employers had most of the control over job transfers, permission to leave, and very important documents.

This has made the Kafala System Reforms attract so much attention. Foreign labour is a significant source for Saudi Arabia, where the number of migrant workers constitutes a significant part of the labour force in the private sector. Due to this reliance, Kafala System Reforms are interconnected with the wider labour reforms in Saudi Arabia and the future of migrant worker rights.

What Changed Under Kafala System Reforms?

In March 2021, the Ministry of Human Resources and Social Development of Saudi Arabia announced the most important Kafala System Reforms. These changes were intended to make a few reforms to the conventional sponsorship system.

Through these Kafala System Reforms, most migrant employees in the private sector are now able to leave the country, change jobs or request final exit visas without necessarily having to seek direct employer permission, provided they fulfil legal and contractual requirements. In most instances, employees are able to change jobs once they have finished their contract and at other times before their contract is out, as long as they observe the necessary notice procedures.

Nevertheless, not all people are subject to the Kafala System Reforms. The workers within the country are mostly not included, which is one of the most significant attacks of the Saudi kafala reforms. This implies that a good number of household workers are yet to experience less employer dominance compared to other expat workers in Saudi Arabia.

What Migrants Should Watch Out For

Despite Kafala System Reforms, employees must know that the system of sponsorship is still in use in reality. Issues like late salaries, contract breach and document holding remain possible. Migrants are advised to possess copies of their contract, salary and visa documents at all times.

Another thing to know is that Kafala System Reforms are most effective when the workers are familiar with the Saudi labour law regarding migrant workers. The transfer of jobs, requests to exit and change of employment are usually based on terms and conditions of contracts, periods of notice, as well as legal requirements. Put simply, Kafala System Reforms have enhanced a degree of worker mobility, but have not completely eliminated the dangers associated with the previous system.

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Why These Reforms Matter

Kafala System Reforms is not merely a policy issue, but a question of decency, freedom of movement, and the rights of workers in Saudi Arabia. Although there have been achievements in Saudi employment reforms, numerous human rights organisations believe that further reforms are necessary. Kafala System Reforms is a progressive thing to do for migrant workers, but it is not the only solution.

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