Saudi Arabia’s Ministry of Labour and Social Development (MoLSD) has tightened its compliance checks under the Saudisation programme, requiring foreign companies and employers to prove that employment contracts for expatriate staff align with the Kingdom’s workforce nationalisation policies.
For Australian employers operating in Saudi Arabia or sending employees there, ensuring that employment contracts are correctly Apostilled is now a critical step to avoid delays, rejections, or penalties during MoLSD audits.
Why Apostilled Employment Contracts Are Mandatory
Saudi Arabia officially joined the Hague Apostille Convention Abolishing the Requirement for Legalisation of Foreign Documents on 7 December 2022, simplifying the process for verifying foreign documents. Before this, all Australian employment contracts required multiple embassy legalisation steps. Now, the MoLSD accepts Apostilled Australian employment contracts as proof of authenticity during inspections, making the process faster and more streamlined.
However, the MoLSD remains strict about compliance. Apostilled contracts must reflect accurate employment terms, salary structures, and Saudisation quotas, as outlined under Saudi labour laws. Incorrectly prepared contracts may still be flagged, even with an Apostille, which is why professional document preparation remains essential.
What Must Be Apostilled for MoLSD Compliance
Australian businesses or Saudi-based employers hiring Australians must ensure:
- Employment contracts are signed, finalised, and verified before Apostille submission.
- Notarisation (if applicable) is done correctly by an Australian Notary Public, who issues a Notarial Certificate verifying the authenticity of the document.
- Apostille certification by DFAT is obtained, confirming the document’s legal validity for use in Saudi Arabia.
Incorrectly notarised or incomplete contracts can still be rejected during MoLSD inspections, even if an Apostille is issued.
Avoiding MoLSD Rejection During Saudisation Audits
The MoLSD conducts regular inspections to ensure that companies hiring expatriates are meeting Saudisation goals. Apostilled employment contracts are checked for:
- Authenticity: Whether the document has been correctly notarised and Apostilled.
- Transparency of Employment Terms: Clear job titles, salary details, and duration.
- Alignment with Saudisation Policies: Confirmation that positions filled by expatriates are approved for foreign workers.
Failure to provide Apostilled Australian employment contracts can result in delays, financial penalties, or even suspension of work permits.
How Authentifier Simplifies the Process
Meeting Saudisation goals requires strict adherence to MoLSD’s documentation requirements. Authentifier ensures that your Australian employment contracts are fully compliant by:
- Reviewing contracts for Apostille eligibility before submission.
- Coordinating with a licensed Australian Notary Public for notarisation and issuance of a Notarial Certificate where required.
- Managing the DFAT Apostille process quickly and accurately, ensuring contracts meet MoLSD audit standards.
- Providing express turnaround options, reducing processing delays and helping companies avoid inspection penalties.
With Authentifier’s expertise, Australian employment contracts are processed correctly the first time, ensuring smooth MoLSD audits. Get started now.
