Article 81 Saudi Labor Law: Resign Without Notice Period
If you are working in Saudi Arabia, you may have heard of the Saudi labor law article 81. This article is one of the most important provisions that govern the termination of employment contracts and the rights and obligations of both employers and workers.
In this article, we will explain what is article 81 labor law KSA, what are the scenarios that allow a worker to resign without notice and claim full end of service benefits, and what are the implications for both parties. Let us begin!
What is article 81?
All labor laws in Saudi Arabia are bound into the employment contract between an employer and its employees. Consequently, this law protects employees’ rights across the country. This protection in this case is extended to foreign workers for companies or other organizations.
But this law does not provide job security for the following positions:
- Domestic service providers.
- Employees of companies with fewer than 10 employees that are related to agriculture.
- Members of the crew of ships transporting no more than five hundred tons of cargo.
- Those with a temporary work permit.
- Other provisions refer to staff members who have no protection under Saudi Arabian labor law as well as to those that are currently present.
Saudi labor law article 81 is a provision that gives the worker the right to terminate his employment contract without notice or payment in lieu thereof, if the employer fails to fulfill his main contractual or statutory obligations, or commits any of the acts specified in this article. This article is written without prejudice to all other provisions of the labor law. This means that it does not affect the other rights and duties of the worker or the employer under the law.
When can a worker resign without notice under article 81?
Article 81 provides seven special scenarios under which a worker can resign without notice and still claim full end of service benefits. These scenarios are:
Saudi labor law article 81 (1): No salary
If the employer fails to fulfill his main contractual or statutory obligation such as not paying salaries or being unable to provide an Iqama (residence permit) to the worker. Moreover, in this scenario, the worker can transfer his sponsorship to another employer without the consent of his current employer.
Article 81 (2): Fraud
If the employer has committed fraud regarding the work conditions and circumstances, such as lying about the nature, location, or duration of the work. The worker will be resigning from job in Saudi Arabia within the probation period in this case.
Saudi labor law article 81: Assign a different task
If the employer asks the employee to execute a task that materially deviates from the assignment that was agreed upon, for as asking an accountant to serve as a security guard. However, this does not apply if the employer temporarily assigns the worker to perform a different task for up to 30 days in a year, or if the change is due to a promotion or training.
Article 81 (4): Immoral or violent act
If the employer or any of his representatives commit a violent or immoral act against the worker or any of his family members. Including physical assault, sexual harassment, or defamation.
Article 81 (5): Insulting or cruel behavior
If the behavior of the employer or any of his representatives is characterized as cruelty, injustice, or insult, such as, verbal abuse, discrimination, or humiliation.
Saudi labor law article 81: Safety and health hazard
If after several requests from the employee, the employment still poses a substantial risk to their health or safety. Including putting them in contact with hazardous substances, extremely high temperatures, or contagious diseases.
Saudi labor law article 81: Contract violation
If the employer forced the employee to resign or unjustifiably reduced their pay, or otherwise treated the employee unfairly, leading to the impression that they were the ones ending the agreement.
What are the implications of resigning without notice under article 81?
If a worker resigns without notice under Saudi labor law article 81, they have to prove that he has a valid reason for doing so. They can file a complaint with the labor office within one year from the date of termination and present evidence to support their claim. The labor office will investigate the case and try to settle it amicably between the parties. If no settlement is in place, the case will have to go to a labor court for adjudication.
If a worker does resignation Saudi labor law without notice under this article and their claim is in place by the labor office or court, they will have the right to full end of service benefits. This, as if their contract ends by their employer for an arbitrary reason. They will also have a right to any other rights and dues that they may have under their contract or under the law. Such as unpaid wages, overtime pay, annual leave pay, etc.
When a worker does their Saudi labor law resignation under article 81 and the labor office or court rejects the claim, it will appear as a contract breach and will be liable for any damages that he may have been causing to the employer. They will also lose their right to end of service benefits and any other rights and dues that they may have under his contract or under the law.
Conclusion
Saudi labor law establishes the norms and regulations that specify the terms of employment between a company and a worker. It outlines both the rights and responsibilities of the manager and employee. Thus, everyone should be conscious of all of these variables in order to reduce legal problems.
Saudi labor law article 81 is a provision that protects workers from unfair treatment by their employers and gives them an option to terminate their contracts without notice in certain situations. However, people should use this option with caution and only after exhausting all other possible solutions. Workers should also be aware of their rights and obligations under article 81 and seek legal advice if they have any doubts or questions.
