Saudi Labor Law: Resign Without Notice Period
If you are working in Saudi Arabia and want to resign from your job, you may wonder if you can do so without serving a notice period. In some cases, you may have a valid reason to quit your job immediately. And also avoid any penalties or legal consequences while resigning without finishing contract KSA.
In this article, we will explain what Article 81 of the Saudi Labor Law says about resigning without notice period. Furthermore, we will tell under what circumstances you can use it.
Introduction to Article 81
Article 81 of the Saudi Labor Law is a provision that allows an employee to terminate the employment contract without notice period. Or, indemnity if the employer commits any of the acts listed in the article. These acts are considered as serious breaches of the contract and the employee’s rights. Also, they justify the employee’s decision to resign without notice. Today we will provide some tips and advice on how to handle these possible situations professionally and legally. Having these in mind you will know how resigning without finishing contract KSA is.
Article 81 (1): No Salary
If the employer fails to pay the employee’s wages for more than 60 days, or reduces the wages without the employee’s consent or a valid reason, the employee can resign without notice period. This is because the employer has violated one of the main obligations of the contract. Which is to pay the employee for their work. The employee has the right to receive their wages on time and in full. Of course, if it was agreed upon in the contract. If the employer disobeys, the employee can consider the contract as null, and leave the job without any liability.
Article 81 (2): Fraud
If the employer commits fraud or misrepresentation regarding the terms and conditions of the employment contract. Or, conceals any facts that affect the employee’s decision to accept the job, the employee is able of resigning without finishing contract KSA 2021. This is because the employer has let the employee down and induced him to enter into a contract based on false or misleading information. The employee has the right to know the truth about their job and their employer. Additionally, to accurate and complete information about it. If the employer does not disclose this information. Or, provides false or inaccurate information, the employee can consider the contract as invalid. This is how they can leave the job without any obligation while resigning without finishing contract KSA 2022.
Article 81 (3): Assign on a different job
This paragraph states different examples.
If the employer assigns the employee to perform a work that:
- is substantially different from the work agreed upon in the contract
- that is not suitable for the employee’s qualifications or experience
- or that may harm the employee’s health or reputation,
the employee can resign without notice period.
This is because the employer did changes in the nature and scope of the work without the employee’s consent. The employee has the right to perform the work that they were hired, and that matches their skills and abilities. If the employer changes this work, or assigns him to a work that is below their level, the employee can consider this as a breach of contract. Therefore, they can leave the job without any penalty. Furthermore, resigning without finishing contract ksa 2021 it is possible if your employer exposes you to risks or damages.
Article 81 (4): Violent or Immoral Act.
If the employer commits a violent act or an immoral act against the employee. Or, to any of their family members, or threatens to do so there are some measures to take. The employee can resign without notice period. This is because the employer violates one of the basic human rights of the employee. Which is the right of treatment with respect and dignity.
The employee has the right to work in a safe and secure environment. Free from any violence or harassment. Behaviors such as, assaults, abuses, insults, or intimidates the employee or their family members, physically or verbally are unendurable. Therefore, if they happens the employee can consider this as an intolerable act, and leave the job without any delay.
Article 81 (5): Cruel or Insulting Behavior.
If the employer or their representative treats the employee with cruelty, injustice, or insult, or violates their dignity or privacy, the employee can resign without notice period. This is because the employer is failing to maintain a good and harmonious relationship with the employee. Moreover, that they have shown disrespect or hostility towards the worker.
The worker has the right to be in a positive and supportive environment, free from any discrimination or humiliation.
If the employer or their representative:
- or humiliates
- the employee,
- or invades their personal space
- or data,
The employee can consider this as an unacceptable behavior. Furthermore, the employee can do their resigning without finishing contract KSA without hesitation.
Article 81 (6): Health and Safety Hazard.
If the employer fails to provide a safe and healthy work environment for the employee. Or: exposes them to serious hazards that endanger their life or health, the employee can resign without notice period. This is because the employer is neglecting one of the essential duties of the contract. Which is to ensure the employee’s well-being and protection.
The employee has the right to work in a clean and comfortable environment, free from any dangers or diseases. This is one of the many Saudi Labor Law resignation benefits.
In a remote situation when the employer does not comply with the health and safety standards and regulations, or puts the employee in harm’s way there are measures to take. Therefore, the employee can consider this as a grave violation, and commit to resigning without finishing contract KSA.
Article 81 (7): Violation of the Contract.
When employer violates any of their obligations under the employment contract or the labor law. Such as, not doing a remedy to such violation within 15 days of being notified by the employee in writing, the employee can resign. This is because the employer breaches the terms and conditions of the contract. And, of course, is not taking any steps to correct their mistake.
The employee has the right to expect the employer to fulfill their obligations under the contract and the law. Moreover, to respect their rights and interests. If the employer fails to do so, and ignores the employee’s complaints or requests, the employee can consider this as a lack of commitment. Therefore, the employee can leave the job without any remorse and do their Saudi labor law resignation.
Resigning without notice period in Saudi Arabia is possible under certain circumstances, as specified by Article 81 of the Saudi Labor Law. However, before taking this step, it is advisable to consult a legal expert and gather sufficient evidence to support your claim. You should also notify your employer in writing of your intention to resign without notice period and state the reason for doing so. This way, you can protect your rights and avoid any disputes or lawsuits. You should also try to maintain a professional and courteous attitude towards your employer and your colleagues, and avoid burning any bridges or damaging your reputation. Resigning without notice period is a serious decision that should not be taken lightly, but sometimes it may be the best option for you and your career.
If you need more information about Article 81 or how to resign before the contract expires, feel free of contacting us anytime.