Employment contract Law

Hi

I am looking for some help with the following issue:
I signed with my current employer in Nov 2015 on 12month fixed term contract. The contract makes provision for my leaving by giving 1 months notice but makes no mention of probation period, but does have an over riding statement basically saying unless otherwise specified Standard Saudi labour law is the default. My question is 3 fold:

- is my probation 3 months as a default?
- If I want to resign early do I have any liability? My visa isn't with this company - its via an agent
- My visa is due to expire in May, the agent wont be able to procure me another one and I very much doubt my employer will be able to get me (this is 6 months before my contract ends). Where would I stand in this instance?

Many thanks in advance

SinglegirlinKSA wrote:

- is my probation 3 months as a default?


"Labor Law - Article (53):
If the worker is subject to a probation period, the same shall be expressly stated and clearly indicated in the work contract. Such probation period shall not exceed ninety days, exclusive of Eid al-Fitr and Eid al-Adha holidays and sick leaves. Each party shall have the right to terminate the contract during this period, unless the contract embodies a clause giving the right to terminate the contract to only one of them."

If not explicitly expressed in the signed contract, there was no probation period.

SinglegirlinKSA wrote:

- If I want to resign early do I have any liability? My visa isn't with this company - its via an agent


That needs clarification: What kind of visa you currently are on; and who's the sponsor? Is he your employer or the agent?

Anyways, here is what the law says about the early termination:

"Article (40):
(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."

SinglegirlinKSA wrote:

- My visa is due to expire in May, the agent wont be able to procure me another one and I very much doubt my employer will be able to get me (this is 6 months before my contract ends). Where would I stand in this instance?


Can't answer this without knowing the kind of your visa you're on.

Hi thanks for this. My visa is a 6 month multi entry visa, the agent is the GRO for the company but as a single western woman its nigh on impossible to get a visa, unless you work in education or healthcare

Hmm...it's a multiple entry business visa then. Many clauses in the Labor law won't apply to you.

You can wait till your contract finishes in May and go back home. In fact, you can let your employer know (for the sake of professionalism) and leave the country anytime.

But my contract doesn't actually end until November, but if they are unable to get me a new visa, thus meaning I can't enter the country, would they then have to pay me out for the remaining 6 months ?

Yes. Due to any failures from the employer, if the fixed contract duration couldn't be completed, the employer would pay the employee the remainder money of the deal.

I'll quote the relevant clause from the labor law tomorrow morning.