It is my observation that most of the employees are exploited by sponsors just because they don’t know about their rights given to them by Saudi Labor Law in Saudi Arabia. I have published several articles regarding rights available to the expatriates in Saudi Arabia.
In this article, I will be enlightening the cases when an employee can resign immediately even without giving notice to the employer under Saudi Labor Law. These cases have been covered in Article 81 of the Saudi Labor Law. In absence of the below-mentioned cases, an employee should serve notice to the employee. Recommended: What is the Notice Period under Saudi Labor Law?
1-The employer fails to fulfill his essential contractual or statutory obligations towards the workman – Article 81 (1) of Saudi Labor Law. For example, an employer is not able to pay salaries or provide work to his employees or provide Iqama. Recommended: Transfer of Sponsorship without approval of Kafeel
2-The employer commits a fraud at the time of contracting with the employee regarding the work condition and circumstances. However, it is important to mention here that under Article 81 (2) of Saudi Labor Law, you need to resign within probation period. Once probation period has elapsed, it is deemed that you have accepted the new terms and condition. Recommended: Probation Rules under Saudi Labor Law
3-The employer assigns the employee to perform a work which is essentially different from the work agreed upon – Article 81 (3) of Saudi Labor Law.
However, Article 60 of Saudi Labor Law allows the employer to appoint an employee to perform a task which is substantially different from his work only for a period of 30 days in a year.
It is also important to mention here that an employee cannot work on any other job apart from the job profession provided on his iqama except as provided in Article 60 above. – Article 38 of Saudi Labor Law
4-The employer or any representative of the employer commits an immoral act or violent assault against an employee or any family member of the employee – Article 81 (4) of Saudi Labor Law.
5-The treatment of the employer or any representative of the employer is characterized as cruelty, injustice or insult – Article 81 (5) of Saudi Labor Law
6-The workplace is a serious threat to the safety and health of the employee and the employer has not been able to improve it even though the employee has brought it to his attention – Article 81 (6) of Saudi Labor Law. Recommended: SR 25,000 fine if you are not wearing safety equipment in Saudi Arabia
7-The employer or any representative of the employer, through his action and particularly by unfair treatment or violation of the contract, has caused the workman to appear as the party terminating the contract – Article 81 (7) of Saudi Labor Law.
For example, an employer forces an employee either to relocate to a site area office or leave the job, the employee can resign without giving notice to the employer.