Employment resignation during Probation

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Administrative Law

I have been in Saudi Arabia working for the last month at my school in Riyadh. I submitted my resignation on the 1st of March and have submitted both in person and through email to my hr. I was informed i would need to complete my handover form, which involved handing over my keys to the school apartment which i have done however, the head of Hr has not been to the school in the final two days before holiday to sign off on my form, which has left me in limbo as i now reside in Khobar, awaiting approval of my resignation. I currently do not have an Iqama as I'm still new to the school, having been there only 1 month. However, the school has mentioned I will have to pay fees, leaving as they deem my resignation as an illegitimate reason? I was put in a room with no window or light and was very tiny, which led to me having panic and anxiety attacks as well as struggling to adjust to the school work environment. What is the legal procedure to ensure I can leave as soon as possible without paying penalties? As mentioned previously, i dont currently have an iqama and am on a work visa and using a border number as im still in my 90-day probation period.

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Mahkamaty AI
Mahkamaty AI
3 months ago15974 إجابة

According to Saudi Labor Law, you do have certain rights and protections even during your probationary period. Here are some relevant sections:

- Article 53: This determines that the probation period should not exceed ninety days. During this period, both the employer and employee can terminate the employment contract without notice or an end-of-service award.

- Article 74: "The worker shall be entitled to resign without giving reasons for his resignation by notifying the employer at least thirty days before the date of resignation if he is paid monthly, and fifteen days in all other cases."

- Article 75: This mentions the requirement for the employer to issue a certificate to an employee who is leaving a job, indicating the start and end dates of employment, total wage, and profession.

- Article 77: States that an employee who resigns from a job is not required to pay any money to the employer unless the employee has caused material damage to the employer intentionally.

However, these laws depend on the terms of the contract you have signed with the employer. If there are any specific clauses in the contract about penalties for leaving during the probationary period, those would apply.

Concerning the living conditions, Article 151 of Saudi Labor Law requires the employer to provide suitable accommodation. If the employer fails to do this, it can constitute as a valid reason for resignation.

In this case, it is recommended you keep all the evidence - letters, emails, and any relevant documents, they will be your support when you need to prove your arguments.

Remember, it's essential to resolve such issues amicably if possible. If not, make sure you involve the competent authorities to protect your rights. One option is the Ministry of Human Resources and Social Development, they can provide guidance and conflict resolution services.

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