Resign during probation period

Hi,
I am on the same situation like you. I will keep you posted.
First of all make sure you coordinate with your new employer. Have them sent the request of employee transfer through qiwa. Once that is done, you need to accept it within 10 days. Then, your new employer will be completing the process for you. All you need to check is your absheer account. Check from time to time for the changes. Specially, the sponsor ID and sponsor name. Once reflected in absheer then you can transfer. Absheer is your legal proof that you have successfully joined your new employer.

For notice period. As per saudi labor law, employee under probation period is subject to 1 day noticed.

Please note:
Make sure you understand and read many times your contract with your current employer. Paying attention to the clause that talks about probationary period.

Im gladly that you give attention in my case sir, eventually im already transfer in this company...
I'll already sign a contract..  transfer the sponsorship everything is done.
Now im working under probation...
And i want to quit...
I am transfer sir...
If i give notice to my new employer, may i pay a penalty 20, 000sr?

Hi everyone,

In fact there isn't a time limit of notice of quitting the job once probationary period is enforced, any party can leave at any time during the period.

I would strongly advise you to read the clause that expressing probationary period in your employment contract, to in sure who has the right, as the law have the parties to choose whom hold such a right.( could be both, or one of the parties).


Fahad
A Saudi Lawyer.
Best Regards.

Hi sir! I have the same problem, I'm almost on my 2nd month probation period and I am planning to resign. Based on the contract that I signed I am allowed to terminate the agreement on a 7 days notice if I am still under 90 days trial period. It also stated that if the contract is terminated under this period the employee is not entitled to any compensation or end of service award, which is totally fine with me. In addition to that, according to the article 54 of Saudi Labor Law no party is entitled to any compensation if the contract is terminated during probationary period. And based on my research, as per article 40 of Saudi Labor Law, if the contract will be terminated by the employee under probation he/she will incur the cost of processing the final exit fee and air fare.

Now my concern is should I trust the contract that I made with the company and the amendment of the Saudi Labor Law or should I prepare myself for any penalties my company might charge me upon my resignation? If in any case they will ask me to pay for penalties, will that include my plane ticket going here, the processing of my iqama and also my visa? Take note that upon entering here I already paid for processing fee and placement fee(which was equivalent to my 1 month salary here in saudi) to my agency back in the Philippines

Hi, i am just new here in saudi. I'm just 1 week in my probation period.. I am a nurse but I don't like my job here for some personal reasons.. i want to transfer to my friend's company. Can i do it as early as weeks of probation period? Please, sir/maam, maybe you can help me..

My gmail account is [link moderated]

Hi, i am just new here in saudi. I'm just 1 week in my probation period.. I am a nurse but I don't like my job here for some personal reasons.. i want to transfer to my friend's company. Can i do it as early as weeks of probation period? Please, sir/maam, maybe you can help me.. my gmail account is [link moderated]

Hi, i am just new here in saudi. I'm just 1 week in my probation period.. I am a nurse but I don't like my job here for some personal reasons.. i want to transfer to my friend's company. Can i do it as early as weeks of probation period? Please, sir/maam, maybe you can help me..

I think you can, but you have to make settlement the expenses of recruiting and iqama....etc. or you ask them (your HR or admin) directly

I want to work in dammam moh hospital as a nurse.what  will I do

NO you can not transfer , as per Saudi law you must complete first contract with the employer who brings you in Saudi, if you want to cancel contract during probations period then you must leave Saudi Arabia and come back again on new visa.

in that case you need to bear your return ticket and cost of final exit, and company have rights to hold your salary . besides this you will be on high risk to get a banned of 3 years from company   Ministry of Labor both if you do not have valid reason for quitting, You can not complain about salary   accommodation on that complain, as you agreed to come on this salary and accommodations are approved by govt already.

If still have any doubts do let me know

Hello everyone! I am Maryna.
I work in hotel about 2 months,now in probation period.From the beginning first week I didnt like,went to hr and sayed I dont want work.They told I have to pay minimum 15 000 rials(but I didnt have iqama yet at that momemt,why should I pay)?
now passed 2 months,still no iqama,no salary,I dont like nothing here. Also my boss doesnt like how I work,but she says she will transfer me to cleaning sevice of I will work bad,or will pay for company for any mistake.So I Wanna leave.
In my contract I read that any part can terminate contract.But
they did not give me my contract ,I asked to read it carefully.
I know that I must pay for everything company spent to me.if I stop contact before end..But really I must pay all fees even in probation period?So what the meaning then in probation period?
As I know-Company and me must see,try and understand will this work good for me and am I good worker-right?
I dont have money for lawyer and go to court..
Thanks for all help.

mmakanroni wrote:

Hello everyone! I am Maryna.
I work in hotel about 2 months,now in probation period.From the beginning first week I didnt like,went to hr and sayed I dont want work.They told I have to pay minimum 15 000 rials(but I didnt have iqama yet at that momemt,why should I pay)?
now passed 2 months,still no iqama,no salary,I dont like nothing here. Also my boss doesnt like how I work,but she says she will transfer me to cleaning sevice of I will work bad,or will pay for company for any mistake.So I Wanna leave.
In my contract I read that any part can terminate contract.But
they did not give me my contract ,I asked to read it carefully.
I know that I must pay for everything company spent to me.if I stop contact before end..But really I must pay all fees even in probation period?So what the meaning then in probation period?
As I know-Company and me must see,try and understand will this work good for me and am I good worker-right?
I dont have money for lawyer and go to court..
Thanks for all help.

Dear
first please advice if you have been hired form home country or local transfer, if hired from your home country and company issued visa and ticket then you must pay even if you are on probation period, and even return ticket must be buy from your own pocket.
if you are local hired then case will be different as you did not get iqama, and company did not spend anything and did not pay you yet.
second thing you did not mention on what position they hired you.
so better if you mention full details so i can advice you in detail and properly

Hi matyna, probation period is for the company, you have to pay your visa issuing, usually it's prorated during the term of your contract, if you finish it you don't have to pay.

Hello to everyone,thanks for answer.I am on beauty therapist position.About my tickets back + exit visa I know that I must pay.Just I wanted to know should I pay for every fee company spent for me ,if I resign during probation period.Thanks..seems its only for company,not for me probation period..((

Thanks a lot! Now I understood,anyway I must pay to company..They hired me from my country,yes..

@Fahad_Da Hi sir, I am new here in Saudi arabia and i am under probation period and i want to resign before the probation ends, but in my contract it is not written about probation period. Can I still resign even probation period not in my contract? If I resigned and my company request to pay or return the cost that they've spent to bring me here in saudi arabia and I pay it can i transfer to other company? please answer my question. Thank You.

@saqayyum2000  hello sir good day.Need your advice. I am a local hire here. I got transfered thru qiwa since april 16 2022. And under the contract i have a 90 days probationary period which is both parties have the right to terminate it. Now i want to transfer to another job bec the problem is they did not give me the promise accomodation. And one more thing the work invironment is not healthy. Do i have the legal right to ask my employer now that i dont want to continue with them?  they just pay for the transfer of my sponsorship for the 2nd time which is 4k sar. And my iqama is still valid till june 15. Thank you sir

@RedTrumpet thanks for the reply sir

Hi Sir/Ma'am,

Good day!

I would like to ask for assistance. I arrived here in Yanbu last June 2022, I file my resignation last November 2022. The company rejected it. My contract that have been uploaded to the QIWA indicated that my probationary period is 180 days but the hr saying only 90 days. My 180 days will finish this December 16, 2022. Please help me on what to do. thank you

@Fahad_Da hi fahad, there is option after clicking the terminate contract under probation period, 1st resignation, 2nd is termination of the contract under the probationary period under Article 48. My employer transfer me and did not give salary

@Fahad_Da hi, what is the best option for me? Reason is 1st resignation 2nd is Termination of the  contract under the probationary period under Article 48. I don't get any salary and dont start work since dec 10,2022

@fahaf_Da

hello sir good day. iam a kingdom hire i joined my boss november 15, 2022 i leave them after 2weeks joining due to they send me to train in damam and i have told them in the ibyerview even before traveling going to damam that idont have money. so when i arrived in damam i started my training making sauce and some burger menu. but i applied as supervisor. the problem is i dont have money for food and he is giving me on ly fare going to hes cousin house where we make sauces and some burger menu. almost daiky i ask for assistance buy ignored so i leave them. but they talk to me and said give another chance so i come back to them but directly here in tabouk. when i arrived here the restaurant is still not open until now. and a little mistakes he give warning letter because of the difference of iodized salt to sea salt. i ignore. then he hired an indian whos 27 years old who is new. and a very close friend. i respect this guy but  everytime i teach him the way of work hes gettibg abgry with me and always reporting to my employer and my boss will get angry with me. buy if iam the will report for his mistake likein the house after he poophe is not flushing in he just leave it but my boss ignore it. so what i did as supervisor i dont talk to him i divert my word to one of his co worker who is indian also so that he can truly understand what iam saying. but still tge same issue it useless. until this february 14, 2023 my bos said that tgis guy is really like hes brotherand i should respect him its like he want that i will lower my self as a team crew. so i told him sorry i cant because if i do that this guy will eat me whole.  but he insist. so i keep quite. then i ask to go place in my off to unwind  he let me bit after an hour he called me and he said dont go. and he said go away infront off me i dont want to talk to you go go go. thats what he said so i go. in the morning i have warning again for widrawal from work. we dont ha e operation sir. just making sample. so what i did i render him a termination letter because in my contract in qiwa it state thati have180 days probation and during this grace period its either my employer or me have a right to terminate.. sir my question because he is threathing me with his lawyer that he will file case with me. which is i dont know what kind. i di not do any haram. i just want to exit i dobt want to transfer anymore. what if he dont like to accept it sir? or he will ask money? what can i do or what is the best thing to do.

@Ric Stephen Vasquez Go to the nearest Labor Office or ask for the assistance of the nearest Philippine Consulate before anything else happen or before they'll file a case against you.

Here's the thing, Article 53 of the Saudi Labor Code states that "Each party shall have the right to terminate the contract during this period, unless the contract contains a provision giving the right to terminate the contract to only one of them." -So yes, with a written notice you can leave your employer during the probationary period.

Additionally, under Article 58 of the Saudi Labor Code , "(1.) The employer may not relocate the worker from his original place of work to another place that requires a change in place of residence without his written consent. (2) The employer may, in exigent circumstances and for a period not exceeding 30 days per year, assign the worker without his consent to a different location, provided that the employer bears the costs of the worker's transport and residence during such period."

Furthermore, under Article 60. "Without prejudice to the provisions of Article 38 of this Law, a worker may not be assigned duties which are essentially different from the agreed upon work without his written consent, except in cases of necessity dictated by transient circumstances and for a period not exceeding 30 days a year."

I don't know your whole circumstances so it's up to you to interpret if your experiences falls under the above mentioned articles. So it's best to secure assistance from labor office and government agencies.

@gilZ

Thank you. I called philippinr embassy he said i need to go to ministry of labor and ask legal assistance. Gilz even i will not finish the probation period i can go? Or should i finish it?

@Ric Stephen Vasquez You don't have to finish your probation period. The probation period is like a trial period where either you or your employer can cancel your contract without penalty or damages to both parties. If you wait until its finished then the other clause of your contract will be implemented and you'll might be asked to pay for the financial damages. Write your employer that a letter or notice that you'll be terminating your contract during the probationary period. If he denied it or asked you for financial damages, go to the labor office. If you're in doubt, go to the labor office first.

Dear Experts,

i come in the month of  May 2022 for my new company Visa, and after 8 month my company has sent me qiwa contract in the month of Jan2023 and they offered me 90 day probation period which is going to be expire on 31 march 2023  in that contract their are clause that both parties can terminate the contract.

So requesting to all please advise me if i terminate my contract can i accept new employee transfer request and this request will go for my current approval or not thanks

@AK001 talk to your employer first,i f they agree then its good,of not go to labot office and ask for their advice.,or maybe your employer will agree but you need to pay them..it happened to me before.

@Fahad_Da

I have recently joined a hospital KSA . Due to some personal I have given a resignation just after 2 weeks of joining while still jn probation period . My HR sent me an email to pay some penalty stated as REMEDY OF BREACH OF CONTRACT  and Short notice fee + hiring cost.  I don't understand this remedy of breach of contract and short notice fee when Saudi law states that one can resigned with one day notice in probation period.

Please advise with your Law experience.

Thanks

@generyt

Hello have you been experienced to terminate the contract under probationary period? Did you pay your sponsor or any penalty incur from terminating contract?

@boylubrico Its eitherway , whether they terminate or you resign within probationary period, you have to pay the cost.

@Oppofa before you sign the contract, you gone through it and it was clearly indicated that you have to pay for the penalties in case you want to withdraw the contract before the probation period. My advice is am sure the probation period is for 3 months,so take your time and finalize it so you can at least share the dates with your contractor.

@Lakay Goryo MIX TV

Hi, I just want to ask if are you able to transfer new employer by terminating contract under probationary period? Did your employer charge you like iqama renewal and transfer fee?

@Fahad_Da Sir, iam in probation period I work last 2 month in Saudi arabia but unfortunately my mother health condition not well they suffer from heart problem and give resignation latter to hr and Also management but they didn't accept my resignation and tell me if I don't work hear go to  outside. Please give me suggestion what can I do?

In my contract clearly mention in probation period both party terminate the contract any time and without any pay compensation.

Please give me suggestion what can I do ?

@Fahad_Da Dear sir

I have got offer from new company through Qiwa and I accepted. Thereafter ,pending for notice period completion as well as time period begin 55 Days. And Shown on screen that transfer date on 29/06/2024.

My Question is that my company is in Green category due to it my transfer will be done automatically or after completion the notice period request would goes to my Current company.

Please advice me

Thanks