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Resignation during probation period.

A
#1
Been in Saudi Arabia for a few weeks now, but the job is not what I had expected. I have provided my resignation with the proper notice period, but the employer is not accepting it.

My contract states that either party can freely terminate the contract as long as 2 months notice is given by providing it in writing to the other party. Nothing about it having to be accepted or not.

The labour laws do state that termination should be mutually agreed upon by both parties, but my contract does not have that wording.

What should I do?
See also
XTang
#2
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 notice

However 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.聽 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.聽 聽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.
A
#3
Thanks for the reply XTang. Do you have any reference to the reimbursement of costs in the Law? I cannot see any mention of this in the Saudi Labor Law.
XTang
#4
According to article 40 (2) of the labor law, on resignation during probation period, you will have to pay for your costs of repatriation back to your home country i.e. ticket and cost of final exit visa.聽 聽This much is clear.

Now coming to the point of recruitment costs, nothing is clearly written and this is not unique for Saudi.聽 A lot of things are not clearly specified but employers play around the law to their advantage.聽 Also practice and precedent play their part.

Let me give you a scenario; employer chooses not to give you final exit, draws out the time period beyond probation period and then you are the one who is seen to be requesting early termination of contract.聽 If it is a fixed term contract, you are on the hook for the entire balance period remaining in the contract as now, you wanting to leave early, links to, not a "valid" reason for terminating contract and compensation becomes due to the employer as per article 74, 75 etc.聽 聽Or even more easily, they can mark you as "Huroob" or runaway and really mess with your life - if the police catches you during this status, you get arrested, jailed, deported and banned lifetime.聽 聽The problem is that you are stuck here until you reach an agreement with them (and they know that very well so they can continue to push you around) or follow another route - continue reading.

What I said about Bahrain and UAE is very important.聽 In those countries, you don't need an employer's permission to leave the country (No such thing as exit re-entry or final exit visa).聽 So you could just tender resignation, register it with the appropriate authorities (e.g. LMRA in Bahrain - again a difference from Saudi as there is an intermediate authority before courts to regulate unscrupulous employers in events such as the one you are in) and just leave.聽 Any lawsuit from the employer will fail as your rights will be upheld by the respective authorities.聽 But in Saudi, you need permission to leave.聽 The employer can continue refusing to issue you a final exit visa and the only option you have is to go to labor court which is a convoluted time consuming process and will cost you lawyer fees etc.聽 Even when the decision comes down in your favor, the employer can still mess with you and delay it further.

I say once again, this is NOT the west.聽 Laws exist but interpretation by employers is subject to discretion at times and the enforcement is complex, time consuming and costly with the burden dumped on the plaintiff.聽 聽The suffering is ALSO with the plaintiff i.e. till the time you get your rights, the employer can make life a living hell for you and at the end of the day, you don't get punitive damages awarded to you and neither do they get slapped with a massive penalty.聽 So they can mess with you all they want at a relatively low cost to them but at a high cost to you (time, money, frustration etc).

Finally when you end up winning, you have been stuck in a limbo for months or even more while spending money out of pocket.聽 聽This is why, a lot of people, just settle with the employer and leave to avoid causing problems.聽

If you still want to fight after reading all of this, go NOW to a lawyer and file a case ASAP while you are still in probation.聽 Don't waste time.
A
#5
I have reviewed Article 40 (2)...It states:

A worker shall incur the costs of returning to his home country if he is unfit for work or if he wishes to return to his home country without a legitimate reason.

This seems to only specify the costs of returning back home (ie air tickets). I don't see anything about costs related to iqama, inbound flights, accommodation, transport etc.
2 members reacted to this post
XTang
#6
Read what I wrote above.聽 I already clarified article 40 and the things which are not covered.
D
#7
Good day to all! I just want to ask for help. I?m on my 2nd month probation period and I am planning to resign. Based on the contract that I signed I am allowed to terminate the agreement on a 7 days notice if I am still under 90 days trial period. It also stated that if the contract is terminated under this period the employee is not entitled to any compensation or end of service award, which is totally fine with me. In addition to that, according to the article 54 of Saudi Labor Law no party is entitled to any compensation if the contract is terminated during probationary period. And based on my research, as per article 40 of Saudi Labor Law, if the contract will be terminated by the employee under probation he/she will incur the cost of processing the final exit fee and air fare.

Now my concern is should I trust the contract that I made with the company and the amendment of the Saudi Labor Law or should I prepare myself for any penalties my company might charge me upon my resignation? If in any case they will ask me to pay for penalties, will that include my plane ticket going here, the processing of my iqama and also my visa? Take note that upon entering here I already paid for processing fee and placement fee(which was equivalent to my 1 month salary here in saudi) to my agency back in the Philippines
mailmeksyed
#8

den evaldez wrote:

Good day to all! I just want to ask for help. I?m on my 2nd month probation period and I am planning to resign. Based on the contract that I signed I am allowed to terminate the agreement on a 7 days notice if I am still under 90 days trial period. It also stated that if the contract is terminated under this period the employee is not entitled to any compensation or end of service award, which is totally fine with me. In addition to that, according to the article 54 of Saudi Labor Law no party is entitled to any compensation if the contract is terminated during probationary period. And based on my research, as per article 40 of Saudi Labor Law, if the contract will be terminated by the employee under probation he/she will incur the cost of processing the final exit fee and air fare.

Now my concern is should I trust the contract that I made with the company and the amendment of the Saudi Labor Law or should I prepare myself for any penalties my company might charge me upon my resignation? If in any case they will ask me to pay for penalties, will that include my plane ticket going here, the processing of my iqama and also my visa? Take note that upon entering here I already paid for processing fee and placement fee(which was equivalent to my 1 month salary here in saudi) to my agency back in the Philippines


Did they give you iqama ?
Because your work visa is valid for 90 days upon arrival.

K
#9
Hi, i am planning the same, how's your status right now?
M
#10
May I know whar's the reason behind your resignation during the probationary period?
is the work really that difficult??
leodimar Pisico
#11
thanks for the information. I just want to bring my concern also, im still under probationary period. My concern is i was hospitalized admitted and confined in the hospital for 4 days聽 due to uncontrolled hypertension. I was diagnosed with heart spasm or lesion and they give me 1聽 week of sick leave, but unfortunately again I was rush back to hospital due to my hypertension although I took my everyday medicines and yet it cant be controlled. This time i feel afraid and fear that my health now is unfit to work.Can I used this situation to file my redignation and are they consider my situation to free from any penalties? thanks for the answer...
D
#12
Hi, i just want to ask some advice about my case. I just transferred in my new kafeel but I did not start my work yet since my clinic is not yet open, I was waiting for 1 month already without salary. In my contract I have 90 days probation period and I have the right to terminate my contract. Do I need to pay any compensation if I will terminate my contract during my probationary period? Thanks
XTang
#13
Depends on your contract.
D
#14
It doesn't written in my contract that I will pay the expenses if there is any expenses paid during my transfer. It just written that I have the right to terminate my contract within 90 days or during the probationary period. But I don't have any idea if there is a law about paying the employer for their expenses if there is any.
G
#15
If your sponsorship has been transferred to new sponsor, then you will have to pay them the amount they spent to process your iqama... That would be around 10,000 Sar...

In the termination of contract during probationary period, if the employer decided to terminate the contract, they mist pay you 1 full month salary .. On the other hand, if you will terminate the contract. then you have to pay the cost for processing your iqama...
D
#16
Sir they did not renew my iqama they only change the kafeel name.
XTang
#17
Changing of name means your sponsorship was transferred.
arnoldmasiga
#18
I resigned during probation period ,handed a letter to the HR in the restaurant I was working asked them to receive it,of which they confirmed even without signing on it they have received.Got proof of the whole conversation just in case they deny.came back to the company even though they told me not too.they started undermining me, giving threats but I stood my ground because all that had led to me terminating was due to their negligence and ignorance.i made it clear should they dare聽 cut my salary I will forward them to ministry of labor for I understand my rights.All is well right now and I'm working in a new company
1 member reacted to this post
arnoldmasiga
#19
There is no law in place stating you pay your employer when terminating during probation period.you and your employer can terminate with no attachments.keep In mind probation period is an evaluation to check if you can work not just for employer but for you as well if you can handle the work or not.
1 member reacted to this post
Arsal7
#20

arnoldmasiga wrote:

There is no law in place stating you pay your employer when terminating during probation period.you and your employer can terminate with no attachments.keep In mind probation period is an evaluation to check if you can work not just for employer but for you as well if you can handle the work or not.


Don't say that there is no law thing.
If they had pay for your iqama then, they can charge you and that's their right.
No one would pay 12k SAR for someone's iqama and then just let him/her go without any charge.
But yes, if the company didn't pay for the iqama renewal then, you are good to go without paying anything.

S
#21
Hello, I wrote a week ago a letter for dismissal. I am on the ProBation Period. Iqama and insurance I do not have and have not started doing yet. I have gov.visa. I want to leave the country this week, do I need a Final Exit with such a visa?! The contract says that if I quit for no reason, then you need to pay 50000. Is it legal?! I will have questions at the airport if I'm going to me without their consent or on my visa it is not necessary?!
M
#22
if you will go to airport without any legal documents of exit visa or re-entry visa the immigration will detained you and they will convict you as a run away expat and your company will take more difficult offense for you. So better get a legal documents first or else continue to finish your probation.
S
#23
This is a seasonal visa and I do not have Iqama.聽 Why should I be judged ?!
G
#24
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D
#25
I am also in probation period but employer not follow agreement .
If i say let me go
Then employer say pay 18000 riyal
Iqama + transfer fee
But my sallry in agreement 8500 riyal and 2month already worked .
But employer say i will not give you sallry and cut 18000 riyal then he give sallry.
Also in agreement have 5days per week work
But employer take 6 days per week work
I have a recording that they say i will cut your 2 month sallry for iqama and transfer .
In agreement mension cleary iqama and transfer fee pay by employer but they not follow agreement.
Can i go exit as per article 40 ?
Can i transfer without paying 18000聽 聽because my 2 month sallry almost may be 16000riyal but they not give .
They worked in aramco and not follow aramco rule .
I am in risk may be i will blocklisted from aramco because they work on without work permit .no have operator aramco licence.no firewatch ,no flageman .
Arsal7
#26

dileep8083 wrote:

I am also in probation period but employer not follow agreement .
If i say let me go
Then employer say pay 18000 riyal
Iqama + transfer fee
But my sallry in agreement 8500 riyal and 2month already worked .
But employer say i will not give you sallry and cut 18000 riyal then he give sallry.
Also in agreement have 5days per week work
But employer take 6 days per week work
I have a recording that they say i will cut your 2 month sallry for iqama and transfer .
In agreement mension cleary iqama and transfer fee pay by employer but they not follow agreement.
Can i go exit as per article 40 ?
Can i transfer without paying 18000聽 聽because my 2 month sallry almost may be 16000riyal but they not give .
They worked in aramco and not follow aramco rule .
I am in risk may be i will blocklisted from aramco because they work on without work permit .no have operator aramco licence.no firewatch ,no flageman .


Why don't you guys get it.
Why would someone pay all that money for you and then let you go without any charge?
He has the authority to cut at least two months salary or recover the amount from you.
If you want to leave in probation period then you have to pay them.
That's the law.
But if anyone wants to cut your salary for transfer or iqama and asked you to continue the job, that's just illegal.
So, if your employer wants to cut that amount while you are working with him, tell him that you will go to Labour office.
My suggestion?
Pay him that amount and get the transfer.
Or
Find another company who is willing to pay something for you and get the transfer.

Arsal7
#27
And you can't ask him to give you final exit or ticket to leave as you are already in probation period.
He can deny article 40.
K
#28
I just want to ask what I need to do to legally get out from my company and transfer to another during my probation period.
To lay down the background, I transferred to this company 2 months ago through sponsorship transfer, now I want to quit and not continue after my probation period. They have not issued me my new iqama and insurance yet.
As per Saudi law, if an employee terminates the contract during probation, he will either go for exit shouldering all expenses or ask for a sponsorship transfer.
My questions are, what is the best way to do for me to transfer without any problem?
And what is my recourse if my employer will not approve my transfer?
Thank you in advance for your response.
S
#29
@XTang what if iqama and work permit is not issued and if we are on work visa. Can we leave without any obligations or exit visa?
XTang
#30
I am not clear.

Are you on a work visit visa?聽 if so you can leave anytime.

On a work permit that converts to Iqama, you can't - need an exit visa.
Y
#31
@XTang

Sir I have a question,

I have signed the offer letter in the聽 Company A. However,聽 Company B called me with good offer and position. I havent started yet on the Company B. They just already requested the QIWA and I approved on my side, but my current employer let it expired. (Auto cancel 14 days).

My questions are:

1. Can I still accept the Company B as my final decision even I already signed offer letter from Company A? Is there a file case on rejecting offer letters even you already signed it?


2. On the QIWA, will my current employer has still ability to approved it even the request from company A was autocancel/expired?


Hoping for your response.

Thank you
Edwin Idrees Amparo
#32
@Yowmamen聽 No youre no longer can聽 make another decission.same as my situation. Due to its already expired you wiating approval from QIWA.
sepechy
#33
@XTang hi sir. I hope u reply. My probation period is 6 month, Nov1-April 1 2022. I was politicized, that鈥檚 why it got extended. This fueled me to my decision to terminate my contract or submit my LOR to our department鈥檚 office on March 1 or during its 1st wk. Our head had just signed it on April 10, and asked me to stop work on the same day. As we speak, I am contemplating whether or not I shall go to the Ministry of Labor (HRSD) to give light to me, because last wk, after they finished my paper for more than a month, they hav asked me to pay their expenses for the iqama and work permit. I am a local hire from another employer, after finishing my 2 year contract. Worse, I did not receive my compensation since April 1, they withheld until it was deducted from the sum of almost 9k SAR for the employer鈥檚 expenditures, leaving me with still 4887.50 SAR to pay. While everyone enjoyed their Eid and received their salary, I was stuck to wait, and wasting more of the money that is left to me. HR won鈥檛 even let me see the computation and refused to take a picture of it. It is a pro-rated charge of both my iqama (expiry Jan 2023), and work permit (until Nov 1 2023, reaching until the time my 2 year contract would end). Though, they already issued a final exit for me just last Sat. The reason of my decision to resign during probation was the toxic management & misconduct of the head. Overtime, our head caused me moral damages over demeaning behaviour. I know, for a fact, that as per Saudi Law for Non-Saudi, it is either both party can terminate the contract or resign, and it declares only that an employee would cover the return ticket and the final exit cost. This current employer was the one who renewed my iqama last Jan 2022. I already booked my flight on May 18. Should I go to escalate my concern? What shall the labor office would do, if by chance they would stand by my side? U know, our head was cruel, because not only she was late in acknowledging my resignation (for her to sign my letter and forward to HR), she prematurely stopped my work, where even in my letter, I intended to finish until May 30, and would plan to travel on June. They issued a final exit already for me and I have my flight booked already, could I leave without paying them? The fact I am issued a final exit visa, that would mean their asking pay from me were nothing, it were as if, they penalized me for resigning or terminating my contract. Would it be my right to resign during probation? I have had given even enough time, 2 month notice, of my supposed last day of work, but I got played around again by some power. Pls help me. Thank u.
Y
#34
@Edwin Idrees Amparo what is your situation? Did you have also offer on other company
A
#35
Hi .. i have joined a company in KSA jeddah 2 weeks ago and i already feel like going back coz of various reason. My issue is that the contract only give authority to employer to terminate the contract during the probation period. But employee does not have this privilege. Secondly it say if the contract is broken by me i have to pay 3 months salary.

Now i am confused if i resign, will they ask me to pay 3 months salary? Guys please help me and guide what to do in this situation.

Thanks
Arsal7
#36
Hi .. i have joined a company in KSA jeddah 2 weeks ago and i already feel like going back coz of various reason. My issue is that the contract only give authority to employer to terminate the contract during the probation period. But employee does not have this privilege. Secondly it say if the contract is broken by me i have to pay 3 months salary.

Now i am confused if i resign, will they ask me to pay 3 months salary? Guys please help me and guide what to do in this situation.

Thanks
- @Abdul_Rehman123

Are you new in KSA
J
#37
can i get a ban if i resign during probation?
Pr@ddy
#38
@XTang


Respected sir just want to.kniw iff I resing duration probation period so just pay to visa and air ticket charges not for all iqama and baladhiya because I'm just came here and in 10 days I want to go back home.
S
#39
@Pr@ddy with in 10 days resigning from job is something which is not explainable or showing immature attitude and behavior. SO in that case company do have rights to claim all expenses which they have spend on you or already paid for you to any entity or paid to you already.
besides this company can claim 2 or 3 months salary equivalent amount for the inconvenience and waste of time on your process.
even though company have full rights to put a bann of 3 to 5 years or even more on you depends what reason you are giving on your resignation.
but you can leave without any payment and even 2 months salary with paid return ticket only聽 IFFFF company hired you for one profession with proof of your offer letter and now on arrival they are making contract for another designation. for example they hired you as an accountant you recieve offer letter for same position but on arrival they want you to work for production supervisor only then you can contact jawazat to go back with full rights.
Pr@ddy
#40
@saqayyum2000 respected sir I have health issue so I also mentioned in my resignation then what is process for paying to company and what they are charge to me

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