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Resignation AFTER 3months Probation

is there any article written in Saudi Labor law that the employee who will resign in the company after probation period will PAY for VISA/Ticket/ IQAMA and others to the employer, if the employee wants to go home..
Please state here if there's an article of it.. because i cant see in contract that i signed.
im just preparing if they will told me that it is stated in saudi labor law. thanks in advance!

*im currently working for 4 months in this company.. im planning to resign next month.

Good luck...

As per revised labor law the probation period is 6 months. But most companies are yet to adopt it. If you have a signed contract that states the probation is 90 days then that will previal.

Article (40) of the labor law states:
(1) An employer shall incur the fees pertaining to recruitment of non-Saudi workers, the fees of the residence permit (Iqama) and work permit together with their renewal and the fines resulting from their delay, as well as the fees pertaining to change of profession, exit and re-entry visas and return tickets to the worker’s home country at the end of the relation between the two parties.
(2) 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.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.

So if your reason of resignation is just b'z you are not happy and want to leave the job and go back to your home country you are violating the contract you agreed into with your employer and hence may have to depending on the type of contract , not just pay for the visa / iqama/ ticket but also penalty on the contract.

HRGuru :

As per revised labor law the probation period is 6 months. But most companies are yet to adopt it. If you have a signed contract that states the probation is 90 days then that will previal.

Article (40) of the labor law states:
(1) An employer shall incur the fees pertaining to recruitment of non-Saudi workers, the fees of the residence permit (Iqama) and work permit together with their renewal and the fines resulting from their delay, as well as the fees pertaining to change of profession, exit and re-entry visas and return tickets to the worker’s home country at the end of the relation between the two parties.
(2) 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.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.

So if your reason of resignation is just b'z you are not happy and want to leave the job and go back to your home country you are violating the contract you agreed into with your employer and hence may have to depending on the type of contract , not just pay for the visa / iqama/ ticket but also penalty on the contract.

thank you for your response,
can i also told to them that they will be penalized also because they are holding our original passport and visa,  and not giving a copy of contract, as i remember, there is no statement in the contract that i will pay for iqama/visa/ticket,
the reasom behind my resignation is delay of salary and mismanagement of the company.

Right now, i dont have enough money to pay visa/iqama and ticket, . :)

Holding passport and original documents needs to be taken up by the authorities and the organization. But as for you , even if you have paid for the visa / iqama before - in the eyes of law its as if the company has paid this for you.

If the reason for leaving is due to delay in salary then this is a legitimate reason and you could approach the competent authorities that can help you move out without paying anything.

HRGuru :

Holding passport and original documents needs to be taken up by the authorities and the organization. But as for you , even if you have paid for the visa / iqama before - in the eyes of law its as if the company has paid this for you.

If the reason for leaving is due to delay in salary then this is a legitimate reason and you could approach the competent authorities that can help you move out without paying anything.

on my contract is says that, our salary is every 30th of the month
on my 1st salary , 5days delay, 2nd month 10 days delay and in my 3rd salary, now on its 25th day delayed. and they are promising that next month no delayed will happen again..

cessrey :
HRGuru :

Holding passport and original documents needs to be taken up by the authorities and the organization. But as for you , even if you have paid for the visa / iqama before - in the eyes of law its as if the company has paid this for you.

If the reason for leaving is due to delay in salary then this is a legitimate reason and you could approach the competent authorities that can help you move out without paying anything.

on my contract is says that, our salary is every 30th of the month
on my 1st salary , 5days delay, 2nd month 10 days delay and in my 3rd salary, now on its 25th day delayed. and they are promising that next month no delayed will happen again..

Short delays like this are excusable, if its more than a month then you have a point.

check this..

http://saudigazette.com.sa/saudi-arabia … onsorship/

None.If you quit after probation they have to foot the bill of your flight home.But if you quit before your probation you have to pay yourself,and refund the visa cost

and also, in my contract is says that "the employee may terminate this contract by serving one month in advance written notice to the employer. if no notice is served, the employee shall shoulder all expenses relative to his repatriation back to his point of origin."

i think its enough, i dont have to pay for them.

"expenses relative to his repatriation back to his point of origin"...  does not include all the expenses your employer spent for you to come to ksa..  air fare, visa, iqama, etc..

asr5405 :

"expenses relative to his repatriation back to his point of origin"...  does not include all the expenses your employer spent for you to come to ksa..  air fare, visa, iqama, etc..

what do you mean by that? in my understanding, if i resigned without any notice, ill pay all the expenses. but if i give them a written notice with 1 month advance, im free for all the expenses. i dont have to pay them.

thank you for your reply.

Hello there.
Resignation after 3 months probationary period and now you're going on 4 months and want to resign from your job. First think of your family. Your status in life, how many dependent you have? Aren't they expecting your monthly remittance. If they don't expect your money and they  can survive without your remittance. Then, it's fine to resign if you're not happy with your job and nobody needs your monthly remittance.
However, you have to inform your employer specially your immediate supervisor, one (1) month before filing your letter of resignation approved by your boss and by HR Manager.  You must know the company policy regarding resignation after probationary period whether they will allow you without paying any amount or are they willing to settle your resignation benefits after 4 months of service. Who will pay for your ticket back to your country of origin.  I am sure they will not give you NOC and will not accept demand letter if you want to transfer to another company.
Try to think, are you in a good position to bargain and your company will allow you to resign asap without the 1 month notice from your side. You have to weigh things, the circumstances, what if they told you to stop work, just stay in your accommodation and doing nothing. No Iqama,No passport... and withholding your salary.  Think my co-expat!

It depends upon the Hr of your company.  Anyways be ready to be harassed fiercely by them.  As your NoC and exit visa is totally in their control, they can ask you to pay a hefty penalty beside the visa fees,  Air ticket etc. Try to be polite until you get what you want. 

AL the best

Try to be calm and polite is the best advise you have been given. Being rude, harsh or aggressive will not get you anything. And if you think you are smart enough to play with legal issues in your favour, take your peer advice. You might be 100% on the correct side legally and morally, but if you want to get out of here smoothly, then avoid that frame of mind. If you are denied of everything the most you can do is bring them in court. Whatever reasons you have put aren't enough for you to won the case. According to law you are free to get transferred to another employee if your salary gets delayed by 3 months; which isn't the case. Also they are a better and experienced player and 3-4 months experience can make no one smart enough. If someone thinks so then it can only be opposite of smart. Can you afford the high fees of lawyers? And if the case would run for example 6 months; can you afford the expenses of the case and yours?

If I would have been in your shoes, I would have finish my contract period and resign avoiding all this hassle. If I don't have a choice but to return, I would have try to bargain politely and asking for their favor.

It happened to me, they wont give the exact salary as stated in my contract. So i said, why not? Its a contract and they try to psycho me with words, "why go home? " its hard in philippines? You need to pay money, visa, ticket, What you will do? Just accept the money we offer. Etc etc. And i said no. I want my salary stated in my contract. I stopped from working 1 mo. I also heard co workers im sure she will work again, she dont have food anymore, etc etc. I called philippine consulate and after all the chaos. They have to give my salary right. Accdg to my contract. It should be 3 mod prior then u can leave without paying anything. As long as you are still on probationary period ( 3mos less)

How much the cost of iqama and visa and plane ticket I have to pay to the company if I resign after the probation period? Any estimated amount? Please response those who have knowledge..thank you

Cost of Iqama - 750 + 2500 ( If levy is imposed) , plane ticket costs depends on from where you are and the penalty will depend on what is mentioned in the contract and based on your pay. There is no estimate anyone can give you unless they know all your details.

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