Article 81 of the Saudi Labor Law provides 7 special scenarios under which an employee can resign without any notice and still claim the full end of service benefits.
Keep in mind that these are special cases, we have covered the resignation under Saudi Labor Law in normal circumstances in this link.
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 main contractual or statutory obligation such as not paying salaries or being unable to provide an Iqama to the employee. Moreover, in this scenario, the employee can transfer the sponsorship without Kafeel’s permission.
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 that is materially different from the work agreed upon 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 that is substantially different from his job for a period of 30 days in a year.
- As per Article 38 of the Saudi Labor Law, the employer is not allowed to employ an expatriate in a profession other than the one specified in his Iqama.
Article 81 (4)
In case the employer or any of his representatives commit a violent or immoral act against the workman or any of 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 either 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 actually reciprocal to Article 80 of Saudi Labor Law where the right of termination without benefits is given to the employer.
Source: Saudi Labor Law
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