Article 81 of the Saudi Labor Law provides 7 scenarios under which an employee can resign without notice and still claim the full end-of-service benefits.
Article 81 of the Saudi Labor Law
Make sure to write the correct article and sub-section of Saudi Labor Law while writing the resignation.
Article 81 (1)
An employee can resign without notice if the employer fails to fulfill his primary contractual or statutory obligation, such as not paying salaries or being unable to provide an Iqama to the employee. Moreover, the employee can transfer the sponsorship without Kafeel’s permission in this scenario.
Article 81 (2)
If the employer has committed fraud regarding the work conditions and circumstances, an employee can resign within the probation period under Article 81 (2) of Saudi Labor Law.
Article 81 (3)
Resignation without notice can be served if the employer requires the worker to perform a job materially different from the agreed-upon work, such as requesting an accountant to work as a security guard.
- However, Article 60 of Saudi Labor Law allows an employer to appoint an employee to perform a task substantially different from his job for 30 days in a year.
- As per Article 38 of the Saudi Labor Law, the employer cannot employ an expat in a profession other than the one specified in his Iqama.
Article 81 (4)
If the employer or any of his representatives commit a violent or immoral act against the workman or his family members, Article 81 (4) of Saudi Labor Law allows the worker to resign without any notice period.
Article 81 (5)
If the behavior of the employer or any of his representatives is characterized as cruelty, injustice, or insult, a resignation can be served without a notice period.
Article 81 (6)
If the workplace is a serious safety or health hazard and the employer has not improved it despite several requests by the worker, he can resign under article 81 (6) of Saudi Labor Law.
Article 81 (7)
If the employer has caused the worker to appear as the party terminating the contract due to unfair treatment or violation of the contract, the workman can resign without notice under Article 81 (7).
For example, an employer forces an employee to relocate to a site area office or leave the job. Here, the worker does not have any second option but to resign.
Article 81 is reciprocal to Article 80 of Saudi Labor Law, where the right to terminate employment without benefits is given to the employer.
Source: Saudi Labor Law