Saudi labor law resignation is a legitimate right for employees in Saudi Arabia, whether in the public or private sector. However, it is subject to specific regulations and procedures governed by the Saudi Labor Law. These procedures aim to protect the rights of both parties—the employee and the employer—and ensure the smooth continuation of work. Below is a comprehensive article on resignation in both sectors:
Resignation in the Private Sector
Saudi labor law resignation is a fundamental right of the employee. The employee is required to:
1.Provide Notice: The employee must notify the employer at least 30 days in advance, or according to the terms outlined in the contract.
2.Respect Contractual Obligations: This includes completing tasks and handing over any pending duties.
3.Entitlements: Upon resignation, the employee is entitled to end-of-service benefits and other financial rights according to the labor law and the contract.
Employee’s Right to Resign Without Notice
According to Article 81 of the Labor Law, the employee has the right to leave the job without notice in the following cases:
If the employer fails to comply with the terms of the contract.
If the employee is subjected to fraud or mistreatment.
If the work conditions are dangerous to the employee’s safety and no protective measures are implemented.
Resignation in the Public Sector
The concept of resigning without notice does not apply to public sector employees, as their resignations are governed by civil service laws and regulations:
1.Official Written Request: The employee must submit a formal written request.
2.Approval from Relevant Authority: The resignation requires approval from the appropriate authority.
3.Notice Period: The employee must adhere to the notice period as specified by the regulations.
Rights Upon Resignation
1.End-of-Service Benefits:
If the service duration is less than two years: The employee is not entitled to an end-of-service benefit.
Between two and five years: The employee is entitled to one-third of the end-of-service benefit.
Between five and ten years: The employee is entitled to two-thirds of the end-of-service benefit.
More than ten years: The employee is entitled to the full end-of-service benefit.
2.Additional Rights:
Vacation allowances.
Overdue salaries.
Any other entitlements stipulated in the contract.
You may also like to read:The Saudi Labor System and its regulations
Resignation During the Probation Period
An employer may place the employee under a probationary period not exceeding 90 days, which can be extended by mutual agreement to a maximum of 180 days. Either party has the right to terminate the contract during the probation period without notice.
The Difference Between Resignation and Termination
1.saudi labor law resignation:
It is the employee’s desire to terminate the employment contract in accordance with the procedures outlined in the labor law.
It is initiated by the employee.
A notice period is required.
The employee retains their rights as per the labor law and the contract.
2.Leaving the Job Due to Employer Breach:
It is an exceptional right granted to the employee under specific conditions mentioned in Article 81 of the Saudi Labor Law.
It is considered an immediate termination of the contract.
No notice period is required.
The employee retains all rights without being responsible for the notice period.
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