Resignation before the the contract ends

Heloo
          I am in problem i work in a company for 1 year and 9 months. My contract is of two years i put resignation informing to my company and i also follow the company procedure. My last working day was February 15/ 2018 but after my duty stop they give my settlement after 17 days and that also 128 sar and ticket is that fair please help me

Hel

Hello sir yossef need your advice.pls help me..i resign in my company.but my manager tell me to pay my remaining balance..but my contract says that.i have to shoulder alk my expenses back to my country..thank you sir.

I can’t answer, not clear

My contract sir is 2 years i work only 9 months.and then my manager tell me that i have to pay my remaining balance time with my basic salary..but my contrate state only that im only responsible my expatration back to my country of origin,in case i will terminate my contract.

Hi. Im a from Philippines. Im currently working here in al khobar as nurse. My concern is i want to resign because of some family issues and im suffering from depression which is affecting my health right now. So before it will get worst, i dont want to finish my contract. My contract is within the span of 3years. Ive been working for 18months now. I already give my resignation letter unfortunately they didnt approve this one. Can anyone help me. I really need to resign. Im not happy here anymore. Please help me. Thank you

*This is for Kazehaya* Yes you can resign but you have to pay ALL FEES which your company/sponsor will demand as it is clearly a breach of contract. If you are ready for it then settle everything so that you can leave at the earliest. Praying for your health.

Thank you. One of my friend said that they pay 5000 and then the employee will also shoulder the expenses in going back to your home country. But when I go to my nuraing supervisor, she said that you will pay the remaining months. Is it possible that they will change the demand? Also one of the doctor told me that his friend also pay 5000 before resigning. Im aware that i breach the contract but is it possible?. Thank you

Thank you. One of my friend said that they pay 5000 and then the employee will also shoulder the expenses in going back to your home country. But when I go to my nursing supervisor, she said that you will pay the remaining months. Is it possible that they will change the demand? Also one of the doctor told me that his friend also pay 5000 before resigning. Im aware that i breach the contract but is it possible?. Thank you

Hi @Kazehaya, I agree with the previous replies that said it would depend on the "Termination of Employment" clause in your employment contract.

In my case for example, I shall tender my resignation letter with a minimum of 2 months notice. If I did not fulfill the notice period then I would need to pay indemnity/penalty (eg. if I give 1 month notice = 1 month salary penalty, 1 day notice = 2 month salary penalty).

Also, I came across previous post saying that even if you did not sign a new contract - if the employer did not receive formal communication from you that you do not want to renew the contract, it may be considered as an agreement to continue/renew the previous contract under similar terms. I am not 100% sure about this, maybe some of the members here would be able to verify. If it is true, then your original contract terms will still apply (with regards to resignation, penalties, cost of repatriation etc).

I hope your health will improve, all the best.

@mojo its written there that serving 1 month in advance written notice. So, it is possible that they will change that demand? And pay for the remaining months? This is driving me crazy. I cant stop thinking about it. Any advise where i can go to settle this. I mentioned in my resignation that my last working day on June, so its 2months advance because i want to resign formally. But still they didnt approve for this matter.

@Kazehaya, I think it will be much clearer if you discuss the resignation with your direct superior.

Then if you feel that s/he is not handling the matter per your understanding of the contract, bring it up for clarification with your HR team.

From what you said, if the resignation notice is 1 month and you have given 2 months notice then there should not be any penalties - yet again it depends on the full contract terms.

Please check all entries in your employment contract because usually 2 months basic salary is the maximum penalty and you will shoulder your air ticket to your point of origin. Don't just rely on other people's experience because maybe you have different circumstances. Better to review the contract and follow what stated therein with regards to pre-termination. It would also help if you will be honest with them and request understanding of your current situation.

Hello sir.
There is no written amount on the contrat regarding termination. So is it possible that they can demand like to pay the remaining months base on your salary?

@Kazehaya, I think if it's not clearly defined in the contract then the Labor Law shall apply.

I made a quick search and I can deduce that max 60 days notice period for Indefinite Contract (30 days for Fixed Contract) is sufficient if not mentioned in the contract. See here.

But please double-check with others who are well versed with Labor Law. My understanding is limited.

@Modjo i already read this one. But still its not clear. There's no basis for the amount or demand of the employee.

@Kazehaya I think you get the idea of what's justified and what's not at this point. I would suggest you to take the next step and address this matter with your employer.

You will get more advice along the same idea like what had been discussed before - but ultimately you'll get to move forward only when you address this with your employer.

Go ahead and bring something new to the table, I'm sure many users will be able to provide better assistance when that happens.

Thank you @modjo.

Any idea if what will happen if you go for vacation and you will not come back to work?

Kazehaya :

Any idea if what will happen if you go for vacation and you will not come back to work?

You will be banned in all GCC countries for 3 years if you will do that. I also doubt that your company will approve of your planned vacation now since they already knew your intention of resigning. Weigh your options properly and praying for your discernment.

I am working as a supervisor from November 2017 and is having a fixed term contract of 2 years, probabion period was 3 months and if i terminate my employment within my contract completion it was written, payable as per Saudi labour law

Sir. If i will not continue to work. I will be absent for maybe 15 or more days. Will they terminate me and is there any penalties for that? Thank you.

I also have same problem kibdly help me out @HRGuru and Mr. Yusuf.my contract is for definite term of one year and nptice period is not mentioned in the contract but it is mentioned that if I resign without completing contractual period than I have to pay 6500.but when I resigned and gave them one month notice now they are saying you have to give two months notice.and notice period starts from the date when resignation is accepted and not from the day when you gave resignation.I am confused what should I do as I need transfer as soon as possible for processing my wife visa before Ramdan and for that I need new iqama from new company.kindly help me out brothers what should I do in this situation

Hey Respected,
i am doing job as a IT Technician.i came here in Saudi Arabia as a independent Visa and i transferred in my current company.I done on 24-07-2017  two years contract.According to the contract i am eligible  for 21 days vacation per years but ticket isn't include.Now i am eligible for vacation. So i applied for vacation but my CEO is said me to give the guaranty of SR 10,000 then you can go on vacation.
I need information about that.Even i didn't come on company visa then why they are asking such these restriction.
If i want to go on final exit what will be the process and the company will charge me any amount like Iqama renewed charges and transferred fees (it was my first transferred 2000)and final exit charges like this etc...
Kindly i need you help

Guys please help me with these. my employer and i have verval argument and it leads to my arrest. in police station he wanted me to be deported same day, but it does not happen.nd still continue to work with him for almost 4 months then he give my exit visa and ticket. am i blacklisted because of verval arguments we have?

Lorenzoenriquez :

Guys please help me with these. my employer and i have verval argument and it leads to my arrest. in police station he wanted me to be deported same day, but it does not happen.nd still continue to work with him for almost 4 months then he give my exit visa and ticket. am i blacklisted because of verval arguments we have?

To be sure, you can request an NOC (No Objection Certificate) from your current employer before going on final exit and please check if it is really a Final Exit Visa not Exit/Reentry. If there was no case filed against you then no reason at all for you to be blacklisted unless you abandon your job (run away) from your company, deported or did not come back from annual vacation. Hoping that this info helps you in any way, good luck.

Dear ALL,

I have signed the contract of employment with the company in September 2015 for two years which completed in September 2017.  After that no new contract signed by me. However, the HR of my company is telling me that the contract is automatically renewed for 2 more years until September 2019.

Company is asking to pay the salary until September 2019 to provide exit. I want to go on exit as my family condition is not good & my wife delivered a baby on 11th May 2018 & nobody else to take care of her. I have given Two-month notice period, but my Company is not accepting.

Even if I am in contract period I have the right to resign from the job by giving notice period of Two-Month.  They are holding me against my will.

I have my own visa which I have transferred from another company in September 2015. My current company did not pay for my visa. My basic salary was 11,000 SAR in 2015 in previous company, but they released me because they had no project.

During the interview with owner of my current company he offered me 9000 SAR basic salary. However, before one day of joining the HR called me & said that we can give only 7000 SAR basic salary & will give 2000 SAR overtime each month. As I had no choice at that time I joined the company.

However, after joining the company I have received no overtime. I have asked for transfer on multiple occasion, but they refused to give transfer also. They threatened me that if I ask for transfer they will exit me.

Now as I have child in India I want to go to India to take care of my family, but now they are not even giving me exit.

The company is harassing me mentally & physically. I want to go on exit as I have served Two-month notice period. They are pressuring me to work against my will.

They have given me Chemical Technician visa even though I am a Chemical Engineer. They make me work in all departments like project, procurement, finance, civil, mechanical etc. However, they are not providing me salary as per the job I am doing.

The company is exploiting me from last 3 years finally I just want to go on exit as soon as possible. However, they are not giving me that also.

Appreciate if anybody can help me here to get exit.

Schyte :

Hi I'm new here. I sent an email to my manager about my resignation. The last working day would be 90 days from the date I've sent the email but my 2 years contract is not finish yet.

Now my questions are:
1. Can I stop working on the date I've told them even they refuse to accept my resignation?

2. Do I need to pay anything eventhough there's no details about resignation on my contract?

I hope somebody could help me. Thank you!

Hi,

You may have to indemnify your employer if you are resigning within a fixed term contract.  In your case 2 years contract.  It could be an amount equivalent to your monthly salary for the remaining months on your employment contract. This is the applicable law for terminating Fixed Term contracts for no valid reason. Unless you reach a different agreement with your employer.       

"Can I stop working on the date I've told them even they refuse to accept my resignation?"  - Unless you are willing to buy out the remainder of your contract , I wouldn't advise this since you have initiated a  breach of contract. 

Speak to your HRD and sort it out. 

All the best !

Shoaib1012 :

Dear ALL,

I have signed the contract of employment with the company in September 2015 for two years which completed in September 2017.  After that no new contract signed by me. However, the HR of my company is telling me that the contract is automatically renewed for 2 more years until September 2019.

" You HR is correct ! as per labor law, a fixed term contract is deemed to be automatically renewed for the same number of years if either parties continue to implement it. So your current contract is valid up to September 2019"



Company is asking to pay the salary until September 2019 to provide exit. I want to go on exit as my family condition is not good & my wife delivered a baby on 11th May 2018 & nobody else to take care of her. I have given Two-month notice period, but my Company is not accepting.

"If you are resigning within a fixed term contract and without any valid reason then the law states that you have to compensate the affected party, which is your employer in this case.  You can reason with your HR and reach an agreement regarding the compensation"


Even if I am in contract period I have the right to resign from the job by giving notice period of Two-Month.  They are holding me against my will.

I have my own visa which I have transferred from another company in September 2015. My current company did not pay for my visa. My basic salary was 11,000 SAR in 2015 in previous company, but they released me because they had no project.

" There is no legal base for this claim of " your own visa" ! once transferred to a sponsor your visa belongs to them.  If your current employer didn't pay for your sponsorship transfer then you can claim it.  It is the employers responsibility to shoulder such expenses"


During the interview with owner of my current company he offered me 9000 SAR basic salary. However, before one day of joining the HR called me & said that we can give only 7000 SAR basic salary & will give 2000 SAR overtime each month. As I had no choice at that time I joined the company.

However, after joining the company I have received no overtime. I have asked for transfer on multiple occasion, but they refused to give transfer also. They threatened me that if I ask for transfer they will exit me.

" What does your contract say about working hours and OT pays ?. Legally there is no obligation on them to give you a sponsorship transfer."


Now as I have child in India I want to go to India to take care of my family, but now they are not even giving me exit.

The company is harassing me mentally & physically. I want to go on exit as I have served Two-month notice period. They are pressuring me to work against my will.

" You may resign without serving notice period if you can prove you are being harmed and receive due compensation as well"


They have given me Chemical Technician visa even though I am a Chemical Engineer. They make me work in all departments like project, procurement, finance, civil, mechanical etc. However, they are not providing me salary as per the job I am doing.

The company is exploiting me from last 3 years finally I just want to go on exit as soon as possible. However, they are not giving me that also.

Appreciate if anybody can help me here to get exit.

Dear,

Thank you for your valuable advise.

hi im new here i would like to ask for some advice, i pass my resignation letter just this june 21, and would like to stop working on july 21 witch i will be 1 year in my work, therefore i would like to ask how much would i have to pay them, if there is something written in the term and condition paper i signed thay if i dont finished my contract for the first 2yrs i will need to pay 2000sar for the visa and 2000sar for other company expences...but i have an inportant reason to go home my mother is being diagnose with breast cancer stage2, so being the eldest child and no father at all, i have to take care of our mother while my brother and sisters go to school, and not only that my company gives me a building cleaner iqama but my job in the company is a 3d cake decorator? ...but my job description is working on slice cakes and not so related to the job i applied for...can anyone give me an advice please...i really need it badly...my mother is all we've got...thank you in advance...

dhee19 :

hi im new here i would like to ask for some advice, i pass my resignation letter just this june 21, and would like to stop working on july 21 witch i will be 1 year in my work, therefore i would like to ask how much would i have to pay them, if there is something written in the term and condition paper i signed thay if i dont finished my contract for the first 2yrs i will need to pay 2000sar for the visa and 2000sar for other company expences...but i have an inportant reason to go home my mother is being diagnose with breast cancer stage2, so being the eldest child and no father at all, i have to take care of our mother while my brother and sisters go to school, and not only that my company gives me a building cleaner iqama but my job in the company is a 3d cake decorator? ...but my job description is working on slice cakes and not so related to the job i applied for...can anyone give me an advice please...i really need it badly...my mother is all we've got...thank you in advance...

I am sad to hear about your mother's health and praying for her comfort. With regards to your concern, please find time to be in a quiet place, compose yourself and try not to be overwhelmed by your current situation so that you can think of a more logical and practical means to solve your problem. Then think of the following options: (1) You will go home early but need to pay quite big amount as you will not finish your employment contract. No work, no income. Remember that your mother's health is your primary concern but being beside her with no income will not cure her illness or help the family; (2) You will stay and finish your contract, still receiving your monthly salary which can help your mother's condition - expenses for her medicines, check up, etc. You can ask some immediate relatives to look after your mother to whom you can monitor her condition; (3) Clarify with your employer about your Iqama profession, although, most companies are into this practice. It is somewhat difficult to accept but as long as your salary is the same and no delays then you are still blessed as compared to other expats who are not receiving their salaries for months.

I truly do understand your predicament but it would be a great help if you can thoroughly reflect on your options and always go for a decision which will not compromise your current work and family situation. Praying for your proper discernment and for your mother's recovery.

Right now I’m new in my company. But my company is not my sponsor as they looked for a  company that can process visa. So they pay that company so basically they are my sponsor and my company is like a sub contractor. So now I’m really having a hard time dealing with the superiors and instructed me to do more than what should i do as a secretary. Like a helper or a teaboy?

My question is it possible that my sponsor will find me another company?

Xxx09 :

Right now I’m new in my company. But my company is not my sponsor as they looked for a  company that can process visa. So they pay that company so basically they are my sponsor and my company is like a sub contractor. So now I’m really having a hard time dealing with the superiors and instructed me to do more than what should i do as a secretary. Like a helper or a teaboy?

My question is it possible that my sponsor will find me another company?

Find time to talk and express your concern to your sponsor then you can request if it is still possible to transfer your services in other companies. Although, helping others and serving tea/coffee are indirectly part of a secretarial job as long as it is within your office (toward your superiors) and during your official working time. But still you can discuss it with your sponsor at the earliest time. Good luck.

im facing the same problem sir. but still the hr department wants me to pay for the remaining months. i realy need your help on this matter.

Hi friend how are you.
I read your advice to the employee who completed her 2 years contract. And she wants to go exit, as she has already completed her 2 years contract.

Even it's the same with me I finished my 2 years contract in last October 2018. But the company is not accepting my resignation letter. And they are forcing me to wait for 2 months, again 2 months. But not accepting my resignation letter. And I have a very urgency to go my home country. But the company is not understanding my problems.
Please guide me or please email me anyhow, as I'm here in Saudi Arabia.

Please email :
***

Thanks.
Mahesh JC...

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