Resignation before the the contract ends

5POSTS

9 years ago

Hi everyone!I just want to ask advise and help regarding this matter,im a nurse in saudi arabia and its my 4th contract already 2years/contract). I want to resign from work because of marriage,my contract will end next year 2018,Company rejecting the resignation they said to finish contract or pay the remaining months multiply how much our salary every month. Is this fair?so for example salary is 4,000x13months(remaining)we have to payt to them 52,000 riyals. I think this is injustice,to think im here for almost 7years. What will i do if they will force me to pay?we dont sign contract since the 2nd contract because it was automatic renewal.and this is my 4th contract,what is my right regarding this?i need some advices please.
Thank you so much.

1 member reacted to this post

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conniesky Serial expat

340POSTS

9 years ago

If you have a copy of your contract, check what's stipulated in the termination/resignation clause.

Resignation usually requires an employee to submit a 90 days notice and that should be ok and if you have leave accruals, you can utilize terminal leave and depart earlier.

Krizzy08.22.10 New member

5POSTS

9 years ago

I submitted last march 1 so it will be effective june1,2017.but they refused to accept it coz they said either to finish the contract or pay the remaining months.its not stated in the contract about paying the remaining months,only to pay 5,000 riyals when u wont finish ur 1st contract,and this is my 4th contract.they didnt let sign for our new contract so that means its the same terms and condition,right?.

conniesky Serial expat

340POSTS

9 years ago

Yup

1 member reacted to this post

conniesky Serial expat

340POSTS

9 years ago

@hrguru and @TLL, what do you think?

kSDSD Guest

0POSTS

9 years ago

Finish the contract and then marry...simple and tension free
Or else you can approach to Labour court

Krizzy08.22.10 New member

5POSTS

9 years ago

The thing is i have a fiance visa in U.S and get married there and the visa is near expiry,thats why i really need to resign.i would love to finish my contract

Akprince Serial expat

352POSTS

9 years ago

Krizzy08.22.10 wrote:
Hi everyone!I just want to ask advise and help regarding this matter,im a nurse in saudi arabia and its my 4th contract already 2years/contract). I want to resign from work because of marriage,my contract will end next year 2018,Company rejecting the resignation they said to finish contract or pay the remaining months multiply how much our salary every month. Is this fair?so for example salary is 4,000x13months(remaining)we have to payt to them 52,000 riyals. I think this is injustice,to think im here for almost 7years. What will i do if they will force me to pay?we dont sign contract since the 2nd contract because it was automatic renewal.and this is my 4th contract,what is my right regarding this?i need some advices please.
Thank you so much.

They don't have right to force you to complete your contract, you just have to resign with one month notice and there is nothing you have to pay them, they are just playing with employees, after all they have to pay you for your service final benefits and it's can be deduct becuz of not completion of your contract but till they have to pay you not you... talk to HR department. If till not work out, inbox me i can help you more regarding this case.

4 members reacted to this post

Yossef11 Contributor

115POSTS

9 years ago

when did you start working with your current company?
and in your contract, how long does it state it?

Attorney and Legal Adviser,

3 members reacted to this post

Yossef11 Contributor

115POSTS

9 years ago

#10

Akprince wrote:
Krizzy08.22.10 wrote:
Hi everyone!I just want to ask advise and help regarding this matter,im a nurse in saudi arabia and its my 4th contract already 2years/contract). I want to resign from work because of marriage,my contract will end next year 2018,Company rejecting the resignation they said to finish contract or pay the remaining months multiply how much our salary every month. Is this fair?so for example salary is 4,000x13months(remaining)we have to payt to them 52,000 riyals. I think this is injustice,to think im here for almost 7years. What will i do if they will force me to pay?we dont sign contract since the 2nd contract because it was automatic renewal.and this is my 4th contract,what is my right regarding this?i need some advices please.
Thank you so much.

They don't have right to force you to complete your contract, you just have to resign with one month notice and there is nothing you have to pay them, they are just playing with employees, after all they have to pay you for your service final benefits and it's can be deduct becuz of not completion of your contract but till they have to pay you not you... talk to HR department. If till not work out, inbox me i can help you more regarding this case.

The above advise is false and it has no legal聽 bases

2 members reacted to this post

Akprince Serial expat

352POSTS

9 years ago

#11

Yossef11 wrote:
Akprince wrote:
Krizzy08.22.10 wrote:
Hi everyone!I just want to ask advise and help regarding this matter,im a nurse in saudi arabia and its my 4th contract already 2years/contract). I want to resign from work because of marriage,my contract will end next year 2018,Company rejecting the resignation they said to finish contract or pay the remaining months multiply how much our salary every month. Is this fair?so for example salary is 4,000x13months(remaining)we have to payt to them 52,000 riyals. I think this is injustice,to think im here for almost 7years. What will i do if they will force me to pay?we dont sign contract since the 2nd contract because it was automatic renewal.and this is my 4th contract,what is my right regarding this?i need some advices please.
Thank you so much.

They don't have right to force you to complete your contract, you just have to resign with one month notice and there is nothing you have to pay them, they are just playing with employees, after all they have to pay you for your service final benefits and it's can be deduct becuz of not completion of your contract but till they have to pay you not you... talk to HR department. If till not work out, inbox me i can help you more regarding this case.

The above advise is false and it has no legal聽 bases

Let me know where is written we can't resign ? we are working with our choice not a slave under companies. Every person have right to resign if he not happy at job or don't want to continue, other side, there is nothing we have to pay if we want to leave our job. Let me know sir if you have any proof under labor law?

1 member reacted to this post

HRGuru ViP

2233POSTS

9 years ago

#12

What Yossef11 said is true, there is no legal basis and the advise is misleading and false.

All expat employees are contracted to work for a specific duration and if you think you can just give notice and resign, you will have to pay the remaining part of the contractual agreement to the employer.The resignation should always be in line with the agreement or contractual duration or as per terms mentioned in contract.

Reference: Article 55 and Article 74 & 76 of the labor law.聽聽

TheLegendLeads ViP

5763POSTS

9 years ago

#13

Akprince wrote:
Let me know sir if you have any proof under labor law?

If employer is harmed by the resignation of any employee who is within the contract period, employee is supposed to pay compensation to the employer per Article 77 of the labor law. Check it out.

Akprince Serial expat

352POSTS

9 years ago

#14

HRGuru wrote:
What Yossef11 said is true, there is no legal basis and the advise is misleading and false.

All expat employees are contracted to work for a specific duration and if you think you can just give notice and resign, you will have to pay the remaining part of the contractual agreement to the employer.The resignation should always be in line with the agreement or contractual duration or as per terms mentioned in contract.

Reference: Article 55 and Article 74 & 76 of the labor law.聽聽

It's only if you are having first contract sir, she mentioned clearly up on her question, it's her 4th contract which renewed even without her notice as every company doing here same. So in our company lot's of employees resign and go back to their home land without paying anything as they are having their 2nd uncompleted contract.聽 What i said up there is nothing false.

1 member reacted to this post

Akprince Serial expat

352POSTS

9 years ago

#15

TheLegendLeads wrote:
Akprince wrote:
Let me know sir if you have any proof under labor law?

If employer is harmed by the resignation of any employee who is within the contract period, employee is supposed to pay compensation to the employer per Article 77 of the labor law. Check it out.

it's applied on those employees are hired by their sponsored from their home land and paid visa/insurance/ticket etc. fees and employee want to resign before his/her first contract, in this case he/she must have to pay before resign.

1 member reacted to this post

TheLegendLeads ViP

5763POSTS

9 years ago

#16

Akprince wrote:
it's applied on those employees are hired by their sponsored from their home land and paid visa/insurance/ticket etc. fees and employee want to resign before his/her first contract, in this case he/she must have to pay before resign.

Do you have a reference from labor law?

Akprince Serial expat

352POSTS

9 years ago

#17

TheLegendLeads wrote:
Akprince wrote:
it's applied on those employees are hired by their sponsored from their home land and paid visa/insurance/ticket etc. fees and employee want to resign before his/her first contract, in this case he/she must have to pay before resign.

Do you have a reference from labor law?

It's practical happen in our company. What else you need dear聽

TheLegendLeads ViP

5763POSTS

9 years ago

#18

Akprince wrote:
It's practical happen in our company. What else you need dear聽

If you don't have anything that refers to the labor law, please don't use your imagination -- that would only mislead or confuse people who come here desperately to seek wise and legal advice.

1 member reacted to this post

HRGuru ViP

2233POSTS

9 years ago

#19

聽 you asked for proof under labor law earlier and now you say its what is happening in your company. Just b'z something happens in your company , it does not mean it will happen everywhere and also is according to law.

As per Article 75 & 76 of the law - it states clearly as to what are defenite and indefenite contracts and what will be contract termination in each case.聽 Please refer to that before conclusions are drawn based on practice in one company.

Krizzy08.22.10 New member

5POSTS

9 years ago

#20

Thank you for all your help and advise,my case is already settled Alhamdullelah! HR accepted my resignation with the help of some people.Thank you so much,at least it was settled peacefully.

5 members reacted to this post

Akprince Serial expat

352POSTS

9 years ago

#21

Krizzy08.22.10 wrote:
Thank you for all your help and advise,my case is already settled Alhamdullelah! HR accepted my resignation with the help of some people.Thank you so much,at least it was settled peacefully.

Glad to hear that sister, May Allah bless you in your future.

Sanchoboy Serial expat

207POSTS

9 years ago

#22

Re-read and re-check what is stipulated on your employment contract regarding resignation, unfinished contract and the likes. Being an employee of a government institution, we are only required to pay 2 months of basic salary in case of separation for reasons mentioned above. For non-renewal of contract, no payment is required. Although, notice must be given at least 3 months prior to resignation/non-renewal. Maybe your company (hospital) is only using it as a threat (payment of remaining contract period) to discourage employees from leaving. But make sure to follow those terms stipulated in the contract and seek legal remedy if necessary. They hired you as a professional (Nurse) so they should act and treat you in a professional manner. Good luck.

Rawwwt New member

7POSTS

9 years ago

#23

Ate how much did u pay since we have same situation. Ty

Krizzy08.22.10 New member

5POSTS

9 years ago

#24

I didnt pay any,as long as your employer accepts and approve your resignation (it depends also with what are the things stipulated in your contract) for me its my 4th contract so i dont have to pay anything.they computed my end-service pay and they will give it to me in good faith.

2 members reacted to this post

ballayban Member

2POSTS

9 years ago

#25

Same situation with my colleague at work. They have deducted 2 months salary because he resigns without completing his contract.

Saadia Qahtani Member

21POSTS

9 years ago

#26

I have never seen a law implemented in the Labour Disputes Resolution. In fact I have never seen a Law followed in any Judiciary except the family court and that was a long time ago. Justice is arbitrary in Saudi Arabia. No laws followed in the legal context. No rights to representation. No defense, no nothing. NOTHING!

Sanchoboy Serial expat

207POSTS

9 years ago

#27

This is good news and you have some amount to bring (from ESB) when you leave KSA. Good luck on your future endeavors and best wishes on your marriage.

Pagey New member

8POSTS

8 years ago

#28

I'm working here in Jeddah as a cleaner in different houses. It's my 10th month here.聽 I filed my resignation and was called for an interview. They told me to pay 4100SAR聽 for not completing the contract but I don't have money. I told them I can only pay for my air ticket and final exit visa but they insisted me to pay otherwise I cannot go home. In our contract it was not specifically written there the expenses we are going to pay if we terminate the contract. It was stated there that if an employee terminates the contract, he shall shoulder all the expenses relative to his repatriation back to his origin. Can I get some advice on this matter? Thank you very much..!

HRGuru ViP

2233POSTS

8 years ago

#29

If you do not complete the contract duration / contractual agreement then the employer can claim not only expenses incurred but also fine as per law.

Jehjeh31 New member

6POSTS

8 years ago

#30

What are the fines that they can claim?

Pooran Member

2POSTS

8 years ago

#31

My name is shihab . I'm working as a waiter in Riyadh . My contract is 2 year . Now one and half year completed my contract. I had something personal issues so i want resign here . I given to hr department my resignation letter with one mnth working.but they asking to me u can't go back with out paying 7000 riyal I don't know what I will do . Pls help me someone

Pooran Member

2POSTS

8 years ago

#32

. Can u help me . I have also this same situation. Tha company asking to me u can't go back u r without paying 7000 riyals .give me some help full advice

dtnaraja Member

2POSTS

8 years ago

#33

What I understand from you is that you did not (or were not made to) sign a new contract after the expiration of the first contract but were allowed to continue working.聽 Your contract is deemed indefinite, in which case the duration of your fourth work permit shall be the duration of your fourth contract, as provided for under Articles 55 and 37 of the Saudi Labor Law.聽

Based on the afore-stated legal provisions, your company has the right to penalize you by paying them an amount as penalty for breach of contract.

You have two options:聽 Stay or pay.聽 Stay until the expiration of your work permit.聽 Or, pay the amount you are required to pay for a breach of contract.

Your last resort is to see your department head and request him/her to help HR you need to leave the company and exempt you from paying the penalty.

Roshanali Member

1POSTS

8 years ago

#34

Plz tell me I am new here in Saudi Arabia i came here as a house driver before 3 months ago.i want to go back India what I have to do to go back India.

Rad90 Member

11POSTS

8 years ago

#35

Hi, HR Guru can an employer legally ask to extend working and follow the iqama expiration as basis to issue a final exit , even the contract is finished? Can they force the worker who wants to just go home and not to continue ( suffering unfair labor practice )

Chilli n pepper Member

1POSTS

8 years ago

#36

Hey there,

You have no obligation to pay anything. but of course follow the procedures on resignation. You can ask your embassy for assistance on the matter.

rasmus777 Member

1POSTS

8 years ago

#37

Hi everyone, i just wanted to ask for some advice. I've been working here in KSA with my employer for about a year now, then i filed a resignation letter giving them one month notice because I really need to go back to my country due to some very important family matters that i need to attend to. well that is what basically i wrote in my letter which is also true, but that is not the only reason, which i did not write in my letter. I am working here as a general maintenance, but my employer give me another position as a production supervisor, maintence at the same time without increasing my salary and without another contract signing, they said that there is no other person who can fill the position but me. I just accept the position having in mind that it is my way of helping the company to grow. I am working 15 hours a day without overtime pay but according to my contract, my working hours should be 8hours a day and overtime for the succeding hours. Then after 10 months, they find a replacement for me and Im back to being a maintenance but i get so many insult coming from this new supervisor and he is implementing many rules which is very inhumane, he make it personal like he treat me like a slave and he is threatening to cut my salary if i did not finish the mantenance work on his given time. So my problem is what is my rights as an employee? Is my reason valid enough to file a resignation? According to my contract written in Arabic and English, (Termination:聽 Termination by the employee - the employee may terminate this contract by serving one month notice to the employer. If no notice is served, the employee shall shoulder all the expenses relative to this repatriation back to his point of origin. And the employee may terminate this contract without serving any notice for any of the following cause: serious insult by the employee of his representative, violation of the terms and conditions of his employment contract by the employer. etc.)<br>
I can terminate my contract with a valid cause. And accordind to Saudi Labor Law Article 81, I can terminate my contract聽 without serving any notice. Article 81(3) and Article 81 (6). So can anyone give me an advice about my problem? Is my reason valid? what can i get? do i have to pay them?

please advice

Sanchoboy Serial expat

207POSTS

8 years ago

#38

Hi brother, it will depend on your company's policy as most of them have varied interpretation/implementation of Saudi Labor Law. But if it was stated in your employment contract then you have a very good chance of not paying any amount just follow the mandated notification period. All you need to do now is to come up with valid reasons (urgent family concerns, etc) and be consistent. Good luck.

Mudabir Member

2POSTS

8 years ago

#39

Almost eight years you spent here in KSA,BUT still you dont have a single idea to handle the situation like this,it was verry simple you can get emergency leave for that oceasion instead of resignation letter.After that if you want to come back again or not to continue the job that was upto you.But now this is better for you to complete the contract period,take benifits ...

Schyte New member

5POSTS

8 years ago

#40

Hi I'm new here. I sent an email to my manager about my resignation. The last working day would be 90 days from the date I've sent the email but my 2 years contract is not finish yet.

Now my questions are:
1. Can I stop working on the date I've told them even they refuse to accept my resignation?

2. Do I need to pay anything eventhough there's no details about resignation on my contract?

I hope somebody could help me. Thank you!

2 members reacted to this post