I was working as a teacher in jeddah and resigned during my probation period which was 6 months. The school is not accepting my resignation stating that I don’t have the right to resign as per our signed contract.However, the contract mentions only about the right of first party to terminate the contract but doesn’t specifically restrict the second party from resigning. what is the legal basis of the matter?
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4.4k Answers - Artificial Intelligence
As per the labor law in the Kingdom of Saudi Arabia, the Articles 74, 75, and 77 are specifically applicable to your situation.
Article 74 emphasizes agreement between both parties when determining the term for the contract. In case there is no specification, any party can terminate the contract by giving a notice 30 days in advance if it's a monthly wage, or 15 days for others.
As quoted below:
"The contract shall be deemed for an unlimited term in case it is concluded for the performance of a specific work having no specific term or if it is written but does not have a specified date or if the work or service is not determined, also the worker shall be assumed to be paid by the month if the wage is not specified."
According to Article 75, either party of the contract may terminate if it's for an indefinite period, without giving a reason, after notifying the other party 15 days in advance if the wage is paid bi-weekly or monthly, or otherwise a week in advance.
Quoted verbatim as:
"A party wanting to terminate the contract shall notify the other party thereof prior to fifteen days at least if the wage is paid by the month and not less than a week for the others".
Article 77 also states that the employer may not prevent the worker from terminating the contract, even if the contract states the contrary.
States as:
"Without prejudice to the provisions of Article (74) of this law, the worker may leave his job without notice in any of the following cases, as may the employer terminate the work contract without notice, indemnity or the end of service award".
So the labor law is in your favor in this situation as per the Kingdom of Saudi Arabia's regulations. The school cannot legally refuse your resignation during the probationary period, irrespective of what the contract states.
Article 74 emphasizes agreement between both parties when determining the term for the contract. In case there is no specification, any party can terminate the contract by giving a notice 30 days in advance if it's a monthly wage, or 15 days for others.
As quoted below:
"The contract shall be deemed for an unlimited term in case it is concluded for the performance of a specific work having no specific term or if it is written but does not have a specified date or if the work or service is not determined, also the worker shall be assumed to be paid by the month if the wage is not specified."
According to Article 75, either party of the contract may terminate if it's for an indefinite period, without giving a reason, after notifying the other party 15 days in advance if the wage is paid bi-weekly or monthly, or otherwise a week in advance.
Quoted verbatim as:
"A party wanting to terminate the contract shall notify the other party thereof prior to fifteen days at least if the wage is paid by the month and not less than a week for the others".
Article 77 also states that the employer may not prevent the worker from terminating the contract, even if the contract states the contrary.
States as:
"Without prejudice to the provisions of Article (74) of this law, the worker may leave his job without notice in any of the following cases, as may the employer terminate the work contract without notice, indemnity or the end of service award".
So the labor law is in your favor in this situation as per the Kingdom of Saudi Arabia's regulations. The school cannot legally refuse your resignation during the probationary period, irrespective of what the contract states.
3 months ago
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