Leaving teaching job during Probation in Saudi

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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. ? What steps should i follow to ensure i get out as soon as possible?
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Mahkamaty AI
Mahkamaty AI
2 months ago15918 إجابة

Under Saudi Labor Law, the rights and responsibilities of both the employer and employee are defined. Here's what the law says on some of your issues:

1. Resignation during Probation: According to Article 55 of the Saudi Labor Law, "A probationary worker may be terminated by either party to the contract without notice and without payment of the end of service award or compensation. However, if the employee resigns during probation, he/she may be liable towards the employers." In your case, you would not have been subjected to any penalties if your probationary term was accurately outlined in your employment contract. However, it is up to interpretation and might require legal counsel to determine your specific situation.

2. Working Conditions and Environment: Your health conditions are important, and you have the right to voice them, especially when health issues are raised due to the work environment. Article 149 of Saudi Labor Law states, "The employer shall keep the workplace clean and safeguard the health of workers by following professional safety measures."

Unfortunately, without having looked at your individual employment contract and precise conditions, it's difficult to provide an exact answer on the legality of claiming your resignation concern as illegitimate by your employer.

Look into your employment contract closely to understand its specifics on the probation period and lodging resignation during it. Also, should your health conditions be truly affected by your working environment, getting a medical report on your health conditions might support your case.

Remember that while you are awaiting your resignation approval, you should adhere to the instructions outlined in your employment contract and the Labour Law to avoid any potential breach.

Finally, if you feel that your rights have been violated, you should consult with a local labour dispute lawyer or report the matter to the Ministry of Labor and Social Development for further clarification. They may be able to provide a more detailed breakdown based on your specific situation and contract terms.

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