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Resignation before the the contract ends

Hi everyone!I just want to ask advise and help regarding this matter,im a nurse in saudi arabia and its my 4th contract already 2years/contract). I want to resign from work because of marriage,my contract will end next year 2018,Company rejecting the resignation they said to finish contract or pay the remaining months multiply how much our salary every month. Is this fair?so for example salary is 4,000x13months(remaining)we have to payt to them 52,000 riyals. I think this is injustice,to think im here for almost 7years. What will i do if they will force me to pay?we dont sign contract since the 2nd contract because it was automatic renewal.and this is my 4th contract,what is my right regarding this?i need some advices please.
Thank you so much.

If you have a copy of your contract, check what's stipulated in the termination/resignation clause.

Resignation usually requires an employee to submit a 90 days notice and that should be ok and if you have leave accruals, you can utilize terminal leave and depart earlier.

I submitted last march 1 so it will be effective june1,2017.but they refused to accept it coz they said either to finish the contract or pay the remaining months.its not stated in the contract about paying the remaining months,only to pay 5,000 riyals when u wont finish ur 1st contract,and this is my 4th contract.they didnt let sign for our new contract so that means its the same terms and condition,right?.

Yup

@hrguru and @TLL, what do you think?

Finish the contract and then marry...simple and tension free
Or else you can approach to Labour court

The thing is i have a fiance visa in U.S and get married there and the visa is near expiry,thats why i really need to resign.i would love to finish my contract

Krizzy08.22.10 :

Hi everyone!I just want to ask advise and help regarding this matter,im a nurse in saudi arabia and its my 4th contract already 2years/contract). I want to resign from work because of marriage,my contract will end next year 2018,Company rejecting the resignation they said to finish contract or pay the remaining months multiply how much our salary every month. Is this fair?so for example salary is 4,000x13months(remaining)we have to payt to them 52,000 riyals. I think this is injustice,to think im here for almost 7years. What will i do if they will force me to pay?we dont sign contract since the 2nd contract because it was automatic renewal.and this is my 4th contract,what is my right regarding this?i need some advices please.
Thank you so much.

They don't have right to force you to complete your contract, you just have to resign with one month notice and there is nothing you have to pay them, they are just playing with employees, after all they have to pay you for your service final benefits and it's can be deduct becuz of not completion of your contract but till they have to pay you not you... talk to HR department. If till not work out, inbox me i can help you more regarding this case.

when did you start working with your current company?
and in your contract, how long does it state it?

Attorney and Legal Adviser,

Akprince :
Krizzy08.22.10 :

Hi everyone!I just want to ask advise and help regarding this matter,im a nurse in saudi arabia and its my 4th contract already 2years/contract). I want to resign from work because of marriage,my contract will end next year 2018,Company rejecting the resignation they said to finish contract or pay the remaining months multiply how much our salary every month. Is this fair?so for example salary is 4,000x13months(remaining)we have to payt to them 52,000 riyals. I think this is injustice,to think im here for almost 7years. What will i do if they will force me to pay?we dont sign contract since the 2nd contract because it was automatic renewal.and this is my 4th contract,what is my right regarding this?i need some advices please.
Thank you so much.

They don't have right to force you to complete your contract, you just have to resign with one month notice and there is nothing you have to pay them, they are just playing with employees, after all they have to pay you for your service final benefits and it's can be deduct becuz of not completion of your contract but till they have to pay you not you... talk to HR department. If till not work out, inbox me i can help you more regarding this case.

The above advise is false and it has no legal  bases

Yossef11 :
Akprince :
Krizzy08.22.10 :

Hi everyone!I just want to ask advise and help regarding this matter,im a nurse in saudi arabia and its my 4th contract already 2years/contract). I want to resign from work because of marriage,my contract will end next year 2018,Company rejecting the resignation they said to finish contract or pay the remaining months multiply how much our salary every month. Is this fair?so for example salary is 4,000x13months(remaining)we have to payt to them 52,000 riyals. I think this is injustice,to think im here for almost 7years. What will i do if they will force me to pay?we dont sign contract since the 2nd contract because it was automatic renewal.and this is my 4th contract,what is my right regarding this?i need some advices please.
Thank you so much.

They don't have right to force you to complete your contract, you just have to resign with one month notice and there is nothing you have to pay them, they are just playing with employees, after all they have to pay you for your service final benefits and it's can be deduct becuz of not completion of your contract but till they have to pay you not you... talk to HR department. If till not work out, inbox me i can help you more regarding this case.

The above advise is false and it has no legal  bases

Let me know where is written we can't resign ? we are working with our choice not a slave under companies. Every person have right to resign if he not happy at job or don't want to continue, other side, there is nothing we have to pay if we want to leave our job. Let me know sir if you have any proof under labor law?

What Yossef11 said is true, there is no legal basis and the advise is misleading and false.

All expat employees are contracted to work for a specific duration and if you think you can just give notice and resign, you will have to pay the remaining part of the contractual agreement to the employer.The resignation should always be in line with the agreement or contractual duration or as per terms mentioned in contract.

Reference: Article 55 and Article 74 & 76 of the labor law.   :dumbom:

Akprince :

Let me know sir if you have any proof under labor law?

If employer is harmed by the resignation of any employee who is within the contract period, employee is supposed to pay compensation to the employer per Article 77 of the labor law. Check it out.

HRGuru :

What Yossef11 said is true, there is no legal basis and the advise is misleading and false.

All expat employees are contracted to work for a specific duration and if you think you can just give notice and resign, you will have to pay the remaining part of the contractual agreement to the employer.The resignation should always be in line with the agreement or contractual duration or as per terms mentioned in contract.

Reference: Article 55 and Article 74 & 76 of the labor law.   :dumbom:

It's only if you are having first contract sir, she mentioned clearly up on her question, it's her 4th contract which renewed even without her notice as every company doing here same. So in our company lot's of employees resign and go back to their home land without paying anything as they are having their 2nd uncompleted contract.  What i said up there is nothing false.

TheLegendLeads :
Akprince :

Let me know sir if you have any proof under labor law?

If employer is harmed by the resignation of any employee who is within the contract period, employee is supposed to pay compensation to the employer per Article 77 of the labor law. Check it out.

it's applied on those employees are hired by their sponsored from their home land and paid visa/insurance/ticket etc. fees and employee want to resign before his/her first contract, in this case he/she must have to pay before resign.

Akprince :

it's applied on those employees are hired by their sponsored from their home land and paid visa/insurance/ticket etc. fees and employee want to resign before his/her first contract, in this case he/she must have to pay before resign.

:) Do you have a reference from labor law?

TheLegendLeads :
Akprince :

it's applied on those employees are hired by their sponsored from their home land and paid visa/insurance/ticket etc. fees and employee want to resign before his/her first contract, in this case he/she must have to pay before resign.

:) Do you have a reference from labor law?

It's practical happen in our company. What else you need dear  :dumbom:

Akprince :

It's practical happen in our company. What else you need dear  :dumbom:

If you don't have anything that refers to the labor law, please don't use your imagination -- that would only mislead or confuse people who come here desperately to seek wise and legal advice.

:o  you asked for proof under labor law earlier and now you say its what is happening in your company. Just b'z something happens in your company , it does not mean it will happen everywhere and also is according to law.

As per Article 75 & 76 of the law - it states clearly as to what are defenite and indefenite contracts and what will be contract termination in each case.  Please refer to that before conclusions are drawn based on practice in one company.

Thank you for all your help and advise,my case is already settled Alhamdullelah! HR accepted my resignation with the help of some people.Thank you so much,at least it was settled peacefully.

Krizzy08.22.10 :

Thank you for all your help and advise,my case is already settled Alhamdullelah! HR accepted my resignation with the help of some people.Thank you so much,at least it was settled peacefully.

Glad to hear that sister, May Allah bless you in your future.

Re-read and re-check what is stipulated on your employment contract regarding resignation, unfinished contract and the likes. Being an employee of a government institution, we are only required to pay 2 months of basic salary in case of separation for reasons mentioned above. For non-renewal of contract, no payment is required. Although, notice must be given at least 3 months prior to resignation/non-renewal. Maybe your company (hospital) is only using it as a threat (payment of remaining contract period) to discourage employees from leaving. But make sure to follow those terms stipulated in the contract and seek legal remedy if necessary. They hired you as a professional (Nurse) so they should act and treat you in a professional manner. Good luck.

Ate how much did u pay since we have same situation. Ty

I didnt pay any,as long as your employer accepts and approve your resignation (it depends also with what are the things stipulated in your contract) for me its my 4th contract so i dont have to pay anything.they computed my end-service pay and they will give it to me in good faith.

Same situation with my colleague at work. They have deducted 2 months salary because he resigns without completing his contract.

I have never seen a law implemented in the Labour Disputes Resolution. In fact I have never seen a Law followed in any Judiciary except the family court and that was a long time ago. Justice is arbitrary in Saudi Arabia. No laws followed in the legal context. No rights to representation. No defense, no nothing. NOTHING!

This is good news and you have some amount to bring (from ESB) when you leave KSA. Good luck on your future endeavors and best wishes on your marriage.

I'm working here in Jeddah as a cleaner in different houses. It's my 10th month here.  I filed my resignation and was called for an interview. They told me to pay 4100SAR  for not completing the contract but I don't have money. I told them I can only pay for my air ticket and final exit visa but they insisted me to pay otherwise I cannot go home. In our contract it was not specifically written there the expenses we are going to pay if we terminate the contract. It was stated there that if an employee terminates the contract, he shall shoulder all the expenses relative to his repatriation back to his origin. Can I get some advice on this matter? Thank you very much..!

If you do not complete the contract duration / contractual agreement then the employer can claim not only expenses incurred but also fine as per law.

What are the fines that they can claim?

My name is shihab . I'm working as a waiter in Riyadh . My contract is 2 year . Now one and half year completed my contract. I had something personal issues so i want resign here . I given to hr department my resignation letter with one mnth working.but they asking to me u can't go back with out paying 7000 riyal I don't know what I will do . Pls help me someone

. Can u help me . I have also this same situation. Tha company asking to me u can't go back u r without paying 7000 riyals .give me some help full advice

What I understand from you is that you did not (or were not made to) sign a new contract after the expiration of the first contract but were allowed to continue working.  Your contract is deemed indefinite, in which case the duration of your fourth work permit shall be the duration of your fourth contract, as provided for under Articles 55 and 37 of the Saudi Labor Law. 

Based on the afore-stated legal provisions, your company has the right to penalize you by paying them an amount as penalty for breach of contract.

You have two options:  Stay or pay.  Stay until the expiration of your work permit.  Or, pay the amount you are required to pay for a breach of contract.

Your last resort is to see your department head and request him/her to help HR you need to leave the company and exempt you from paying the penalty.

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