Thursday, November 26, 2015

Procedure of resign under labor law in Saudi Arabia - Notice period under Saudi Labor Law

While working in KSA , there are are two type of contract between employee and employer under the Saudi Labor Law

  • Fixed Term contract
  • Indefinite Contract

Fixed Term Contract

If employer want to terminate the contract, then employer must have to pay the remaining months salary to the employee . Same applies to the employee

Indefinite Contract

  • Any part either employer or employee can terminate the contract with one month minimum notice period , except any exception case if mentioned in the contract.
  • If employer terminate the employee without notice period , employer must pay the salary equal to notice period duration that is one month salary
  • If employee is receiving remuneration on piecemeal basis, his average pay received in last three months will be considered for the payment.
  • If employee is on probation ,employer can terminate the employee without any notice period except any exception case mentioned in the contract
  • If employee want to terminate the contract , he/she must give minimum one month notice period else have to leave one month salary 
  • Employee can terminate the contract with their employer without any notice period if
    • The employer commits a fraud at the time of contracting with the employee with reference to the work condition and circumstances. Let’s say he has signed a contract with you to pay SR 15,000/- per month for a managerial post. Later on, he denies either monthly package or managerial task; you have every right to terminate the contract without any notice period. However, it is very important to mention here that once you have started working under the changed circumstances, it will be treated as you have accepted the terms. You would not be able to challenge your employer in front of court in those cases.
    • If employer or any representative of the employer, blackmails the employee with reference to his family living in Saudi Arabia, employee has every right to terminate the contract without any notice period.
    • If there is some serious hazard in the workplace threatening to the safety or health of the employee, you have every right to terminate the contract without any notice period. However, there is one condition that employer must be aware of it and did not take any action to remove this hazard within reasonable time.
    • If the treatment by the employer is characterized by cruelty, injustice or insult

16 comments:

  1. If I resigned my self with in 4 month is this possible or any law in Saudia Arabian

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  2. Replies
    1. If there is no any contract between employer and employee
      can employer do exit if i ask termination

      Delete
  3. This comment has been removed by the author.

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  6. How about i am not in my right employer? I will still pay the remaining months in my contract? I am 1yr now here in saudi, and i want to go home because my babies needs me.. But my employer said i must pay 2months equal of my salary.. But he is not my real empkoyer that is written in my contract, please give me some advice what i will do thanks

    ReplyDelete
  7. What if i resigned and i fomind another job in Saudi Arabia? Am i not banned working in saudi arabia for 2 years? Is true that i am banned for working abroad.and is there any option to remove the banned statud if it is true?

    ReplyDelete
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  9. I have given resignation before 1.5 months. But they are not excepting. So please can you guide me what to do.

    ReplyDelete
  10. I have question .i have taken transfer second time and i have finished my 2 year contract and i want to transfer to another company .but present company dont want .please help if any solution to this matter .

    ReplyDelete