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Resignation with 60 day notice period rejected by HR

Last activity 22 July 2024 by expat_in_ksa7

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josyjoy986

Hi,


i been working in a company since 5 years and 10 months. i gave resignation with 60 days notice period and i am ready to pay the remaining 2 month remaining contract penalty. now HR saying we are rejecting your resignation and should continue the job until contract finishes.

how can i manage this situation. is there any possibility of solution if i approach to labor office in a week. 

viveksathish369

If you have new qiwa contract from new company in QIWA accept it and and 90 days count down will starts. I believe you can join in the new company during this period and may you company will file  justification against you in the court  and court will judge to continue 90 days grace period. You can discuss with the new company  that after 90 days notice period iqama will be transferring &  present company cannot deduct single peny from you other than Saudi labor law.

viveksathish369

please post the updates

josyjoy986

@viveksathish369 Dear,  i already requested the new company to send the transfer request through Qiwa. but most of the cases, the request goes directly to the present employer for the approval except 3 cases. 1. If our Iqama expires 2. if we didn't get the 3 month salary 3. if our company is on red category. except these 3 cases, very rarely qiwa requests are coming to the individuals due to the loopholes of the portal.

viveksathish369

No your understanding is wrong & that was not old way of QIWA performance , Request will comes to you and after your acceptance count down will start from 90 days. 


Already few of my collogues gone through this scenario. 


initially QIWA performing was like that as you mentioned above. As you said Request was sent to current employer and if he rejects transfer cannot be performed. Now they modified accordingly.


please see below response received from QIWA on my query,

Welcome dear customer,


Regarding your inquiry about the notice period, please note that the notice period is 90 days from the date of the employee’s acceptance of the transfer request if the facility submitting the request meets the following conditions:

Documenting the contracts of non-Saudi workers in the facility 100% on the Qiwa platform

Existence of an approved internal work Labor Policy.

And Employee transfer could be without a notice period in the following cases (direct transfer):

1-Employee Work Permit is expired.

2-Employee Iqama is expired.

Note that the current employer can reduce the notice period by follow the following steps:

1- Login to the Qiwa platform after receiving the service transfer request notification

2-Choose a service transfer service

3-Choose the received orders

4- Choosing to modify the end date of the contractual period to a shorter period.

https://www.qiwa.sa/ar/employee-transfer

Thank you for contacting Qiwa

Mohammedb2

Just ask your new company to send transfer request, you accept it on Qiwa, wait 90 days and your Iqama will be transferred automatically, current employer cannot reject it.

Mohammedb2

Just remember end of contract terms are different than transfer terms.

expat_in_ksa7

Same issue. My current employer not accepting my resignation with notice period. They are telling I should complete the current contract.


Am I legally eligible for transfer? I completed

expat_in_ksa7

Same issue. My current employer not accepting my resignation with notice period. They are telling I should complete the current contract.


Am I legally eligible for transfer? I completed 18 months with my current employer


Someone please ADVISE

WWE FAN

You should revise your contract before yoy decide, either submit Resignation ( Need to apply notice period condition 1 or 2 months), or submitting Notice of not renewing contract  ( Need to apply notice period condition 1 or 2 months). All these procedures affects on your End of Service amount calculation.

Be carefule before you do any step with HR, try to consulte any expert.

End of Service calculation : First 5 years half salary for each year, after that salary every year.

You deserve the above calculation if you finalize your contract in a proper way [ Notice as per contract]

If you resign you deserve 1/3 only of the above calculation.

If they did not accept your rssignation, you will have either to complete the work contract or paying them salaries until the end of the contract.

WWE FAN

You should revise your contract before yoy decide, either submit Resignation ( Need to apply notice period condition 1 or 2 months), or submitting Notice of not renewing contract  ( Need to apply notice period condition 1 or 2 months). All these procedures affects on your End of Service amount calculation.




Be carefule before you do any step with HR, try to consulte any expert.




End of Service calculation : First 5 years half salary for each year, after that salary every year.




You deserve the above calculation if you finalize your contract in a proper way [ Notice as per contract]




If you resign you deserve 1/3 only of the above calculation.




If they did not accept your resignation, you will have either to complete the work contract or paying them salaries until the end of the contract.

expat_in_ksa7

@WWE FAN the problem is I have active contract with them for 2 more years. If I proceed accepting the new contract, will my current employer take action against me legally? I am ready to serve notice period as mentioned in qiwa


As per Saudi Labour reform initiative (resolution no 51848/1442), I can switch to new employer after completing 12 months and providing notice period.


Please advise

Ohmrk

First how long have you been working in your current company

expat_in_ksa7

@Ohmrk it's been 18 months. I finished one contract and this is the renewal xonyra

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