Resignation during probation period.

@Pr@ddy . I file a resignation due to a family problem and waiting for the head office to reply if they will accept it or not. In your situation just check in your contract if there is a written about termination due to medical reasons, if it is there then you don't have to pay anything just consult a doctor here and ask for a medical certificate to validate your medical condition.

Should i inform the company that i would like to resign during the probation period. Coz if i inform I'm sure that they will mark me as huroob. But if i file a case without informing them will it backfire on me for not informing the company. Pls clear my doubt.

Resign via sending it through post office.

Hello,

I was working in a new company while on probation period I got a unique opportunity another month, and the next day I resigned. Still, the company didn't pay my salary for which I worked for one month, and I joined a new company; please advise what should I do? can I complain to the ministry portal? Or is there any other solution? What is the legal way?

hi good to all just want an advice

i terminated my contract in qiwa. and send an email to my boss statating that i will not continue(terminating my probation contract) in my contract with him it saya that i will have 180 days of probation. started november 15 2022 and filed a termination letter february 15,2023 i state in my letter that until may 5 , 2023 is my last day.

my question can i jist leave him even i will not finish my probationary? and i already terminate my contract in qiwa. please advice

@Ric Stephen Vasquez Article 53 of the Saudi Labor Code states that probation period should not exceed 90 days. It may be extended via written agreement between you and your employer for up to a maximum of 180 days. So if you signed the contract stating your under probationary for 180 days, therefore you technically agreed on a 180 days probationary period. Also, under the same article, it states that "Each party shall have the right to terminate the contract during this period, unless the contract contains a provision giving the right to terminate the contract to only one of them." So yes, with a written notice you can leave your employer during the probationary period.

@XTang so whats the value of agreements in between employee's and employer..because It's clearly mentioned in contract, both parties have rights to terminate contract in probation period.

So why we have to face all this trouble to get final exit visa..?

Welcome to Saudi.  While the agreement exists, enforcing it requires a lot of hassle.  The whole set up is still skewed towards the employer.   They had announced that employees can issue their own final exit visas but it is not working yet.

@XTang hi how much is the cost estimate do i need to pay for my employer because my employer asking me 50k riyals and that is too much they hire me in philippines 2 months back but i want to go home because the work they given was not what we agreed

Look at your contract and ask employer to give breakup of costs. 

@xtang thanks for the response as stated in my contract it is written in the first paragraph that both parties can terminate the contract however when i go inside the contract it is written that the first party has the full authority to terminate the contract, he gave me the breakdown SR 2000 visa, 10,000 iqama, 2 months salary 26,000, air ticket around 4000 and insurance around 2000 plus  processing fee of 6000

Your options are either to pay or to fight it in the labor court (could take months).

@XTang we must agree that “Resignation” has not been explicitly mentioned in the Law as one of the reasons to end a labor contract.

Second, we must understand that the term “Resignation” is found in article 85, which states the end of service award when an employee resigns.

So, what is the rule? According to the Law:

“The employee's submitted resignation is subject to the employer's approval.”

This rule is not mentioned explicitly in the Law. Rather, it is an implied rule which is supported by the published “Cases” and “Labor Principals,”. To date, the courts' interpretation/application remains the same in this regard.

@XTang First, we must agree that “Resignation” has not been explicitly mentioned in the Law as one of the reasons to end a labor contract.

Second, we must understand that the term “Resignation” is found in article 85, which states the end of service award when an employee resigns.

So, what is the rule? According to the Law:

“The employee's submitted resignation is subject to the employer's approval.”

This rule is not mentioned explicitly in the Law. Rather, it is an implied rule which is supported by the published “Cases” and “Labor Principals,”. To date, the courts' interpretation/application remains the same in this regard.

@XTang When an employee resigns, we have two scenarios:

A- Employer's Approval.

According to the above rule, the employee must obtain the employer's approval. If the employer approves the submitted resignation, ending the labor contract becomes lawful. As a result, the employee will be entitled to all their legal entitlements plus the end of service award as per article 85.

The rationale here would be that the employer's approved resignation becomes “parties' mutual agreement” similar to article 74-1 of the Law. The main difference between applying article 74-1 and resignation is the end of service award. Article 74-1 will be calculated according to article 84, but resignation will be calculated according to article 85.

B - Employer's rejection.

According to the above rule, the employee must obtain the employer's approval. If the employer rejects the submitted resignation and instructs the employee to continue their work, the employee must continue.

I don't really get the point.

First, my original post was three years ago so not sure what is the point of responding to me on that now.

Secondly, going back and looking at the post, you and I are saying different things.  I am giving a practical example of rights whereas you are talking about resignation definition.  I don't disagree with what you are saying but I was commenting on something different.

@leander031987  Hi bro..Visit our Philippine Polo and they will Guide you..If you are under probationary period and you employer doesn't fallow the contract like what you said didn't follow the work stated in your contract and it is clear violation.If your employer asked you a payment ket the labor to decide how much you need to pay them..

    I think you are mixing a few things:Either party i.e. you or the employer can terminate employment during the probation period (Which is what you are in right now) without any noticeHowever if it is initiated by you, the employer can then choose to have you reimburse all the expenses that they incurred in bringing you here i.e. visa cost, recruitment fees, airplane ticket etc.  So if I had to guess, from their side, it is not about accepting or not accepting - they are just preparing the ground for you to pay them before they issue a final exit for you.This is not Bahrain or the UAE where labor laws clearly prohibit the company from charging the employee with such expenses irrespective of the nature of the exit.   Hence this is why, I advise everyone who is seeking employment in KSA to do their due diligence thoroughly because later on, the processes to get your rights or stay out of trouble are heavily skewed in favor of the employer and not the employee.
   

    -@XTang

Sir can I go exit if my contract is going to end but I have just came 5 month before and my contract ends in January so can I send my exit paper to my company or I have to work 1 years exactly after I came from vacation

@arnoldmasiga

Hi, there is no penalty or any amount of money when you terminate the contract under probationary period?

@arnoldmasiga

Hi, I saw your comment, I would like to ask some questions in order to enlighten my mind, my contract is under probationary period also, I'm planning to terminate my contract, what is the consequences do I need to pay my sponsor or not, I'm about 4 years in saudi arabia, I appreciate your response thank you

Hi Guys need an advise with regards of this thread. On my part i already resigned during my probationary period still waiting for my settlement. I have a transferrable iqama and it is valid up to next year when i joined on this company, now i got an offer on the other company and they approved my transfer. My question is there any amount that i need to pay to this company? what they did is just transfer the sponsorship and my ticket from dammam to jeddah. I dont have any physical contract.  only in my qiwa and there no any statement there that i need to pay if i will leave the company during my probationary period... 

@arnoldmasiga

Hello, have you terminate your contract under probationary period? Did you pay money to your sponsor?

@arnoldmasiga

@arnoldmasiga

Hi have you been of this process? Terminating the contract under probationary period?, is there any penalty or should to pay the sponsor for the cost that they spent for the transfer?

@leander031987

What if the employee wants to still terminate the contract in order to leave the country and not switch to any other employee, in this case what does the law say ?

@XTang brother I am in probation period in KSA if I am about to resign do I need to pay them or not please let me know