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resignation after transfer of sponsorship

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fineclassic

Hello everyone, I hope someone can give me information about my current situation.

I am recently transferred from one company to another, my iqama was just transferred a month ago but i am already working with this new company for 6 months.

Due to personal reasons i wish to terminate my employment and go on final exit.

Is there any law that can prohibit me in doing so? Am I violating any rules?

Thank You very much.

fineclassic

In addition, before I was transferred I signed an offer agreement that states 2 years contract and yearly  vacation. However until now I still have not received any official contract, although I was promised to received one.

Thanks

TheLegendLeads

You aren't violating any laws. So, the answer is yes, you can do it.

But do remember that your new contract hasn't over yet. Your employer reserves the right to decline your request. Better try to solve it out with them in cordial way.

fineclassic

Thank you @ThelegendLeads. If in the case my employer declines, is there any other way? If I am not violating any rule what would be the reason they can decline my resignation?

TheLegendLeads

If your reasons are strong, they must not.

Ehtesham

fineclassic wrote:

In addition, before I was transferred I signed an offer agreement that states 2 years contract and yearly  vacation. However until now I still have not received any official contract, although I was promised to received one.

Thanks


Hello, have you received your salary for the period you have worked with your new employer? There is something called 'gentleman's agreement' according to which you are getting paid. Delay in signing the contract could be any lazy HR guy.
Approaching your employer after 6 months of transfer would lead him to believe that you only joined for the sake of getting rid from old sponsor. Your reason maybe solid but have you considered what will make your employer leave you without considering the cost of sponsorship transfer or cost of replacement in your place, also the cost of on-job training....
Consider your decision again and if it is final approach your employer with all care and finalize this with good terms.

fineclassic

Hello sir,
Thank you for your reply.
Yes I have received 3 months salary out of the 5 months I work so far. My reason from wanting to  leave is not because of any work or salary problem, It is because that I need to tend some important personal things and I dont wish to return to Saudi anymore.

I have some other questions about my status and I hope any one can give me their inputs.
1. If an employee gets transferred from one sponsor to another, do the employees go through provisional phase and will have the same rights as if the employee came from the traditional working visa?
1.a Since I am just recently transferred last Oct. am I considered provisional? and what right do I have if any?
2. Is the offer sheet that I signed binding even if I did not receive the formal contract?
3. If in case I file for an exit what penalties my employer would be asking considering that I still dont have a contract?
4. Can my employer reject my resignation? up to when? By the way I am not asking for exit now, iam planning to go in April.

I hope someone would give a sound advice to help me decide.

TheLegendLeads

fineclassic wrote:

1. If an employee gets transferred from one sponsor to another, do the employees go through provisional phase and will have the same rights as if the employee came from the traditional working visa?


The right name of 'provisional phase' is 'probationary period'. This is written in the contract. As you don't have a contract, there is no probationary period for you. The labor does NOT make probationary period mandatory.

And yes, your rights are same as someone brought from his home country.

fineclassic wrote:

1.a Since I am just recently transferred last Oct. am I considered provisional? and what right do I have if any?


Read the above answer.

fineclassic wrote:

2. Is the offer sheet that I signed binding even if I did not receive the formal contract?


No, it's not enough. Per labor law, a contract must have been signed.

fineclassic wrote:

3. If in case I file for an exit what penalties my employer would be asking considering that I still dont have a contract?


None.

fineclassic wrote:

4. Can my employer reject my resignation? up to when? By the way I am not asking for exit now, iam planning to go in April.


Yes, he can. He hired you to do work for him; not to resign and go home.

Your best bet would be to get a contract signed with start date as the one you actually started working for him. Without a contract in place, you are in very risky situation.

fineclassic

@thelegendslead, thanks for that informative reply. I want to clarify the last question.
You said that the employment offer is not binding without the contract, however you said that my new employer can reject my resignation in case I  file one.  If I insist to go on exit what should I do if they reject my application? It is imperative for me to be on my home country on that date.

TheLegendLeads

That's why I advised to get the contract thing done asap because of 2 reasons:

1- If the contract isn't in place, you'll be totally  on their mercy because there were no terms agreed and signed. A contract will force both parties to bind to some written conditions.

2- Without a contract, your position in the labor court will be very weak in case you file a complaint against them, just in case.

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