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

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Rights of employees accordingly to labor laws - Know your rights under labor law of Saudi Arabia

Most the employees don't know about their rights which govt has provided them. Most of employees specially expats employee even feel scared to talk about their rights. Every one must know the rights that MOL have provided to the employees.

Simply You can only claim your right if you know about it. We have mentioned below all employee rights that every one must know.

Employment or Recruitment Expenses

Accordingly to MOL , all recruitment expenses should be beard by your employee un till unless its mentioned on your contract that you will bear the cost and you accepted the contract.

• Visa expense
• Travel Expense 

Iqama Expense

Its your right that your employer provides you Iqama on your arrival to KSA withing 90 days starting from the arrival date. Employer will bear all the expenses related to this (According to Article 40.1 of Saudi Labor Law). If your sponsor does not provide you Iqama within three months of your arrival to Saudi Arabia, you can search another job and transfer your sponsorship without permission of employer.

 Passport Right

Accordingly to MOI Its your right to keep passport with you. MOL have announced a heavy plenty on employer if they hold your passport

End or Service Benefits

Accordingly to MOI your employer have to pay you EOS benefits on your final exit , if you completed service for two years except any exceptions mentioned in your contract

Contract Copy

Accordingly to MOI its your right to have a contract copy with you signed by your employer and you . Its MOL rule that contract will be in Arabic you can request for English copy too

Working Hours and over time

Accordingly to labor law you can work maximum 48 hours in a week, if you employer ask to work more than that hours , you are eligible to get over time benefits(1.5 times of normal time wages) Except any exception case if any thing mentioned in your contract.

Entitled leaves

You are entitled the leaves accordingly to the MOL, except the exception if its mentioned in your contract. Read our article to know the leaves policy by mol

New changes in vocations or leaves policy for saudi workers

Termination / Resignation 

An employee needs to give proper notice to his employer if he wants to leave the organization and same goes with the employer. 

Death or Disability at work site

If an employee dies or gets permanent partial or full disability on the work site, he is entitled to compensation for Work Injury under Saudi Labor Law  from sponsor 

Relocation Of employee by employer

As per the changes in Saudi Labor Law approved by Ministry of Labor, an employer cannot transfer an employee to another location without written permission of the employee.

Payment Schedule

An employer cannot change the payment schedule (monthly, weekly, daily, hourly) of the employee without having written consent of the employee.

Additional Work

As per Article 38 of the Saudi Labor Law, an employer cannot assign the work to an employee in addition to what has been agreed upon between them. In case of emergency, even if he has to assign it, it will not be more than 30 days in a year.

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