Is it required to give notice period to employer?
Question by Visitor
I am currently researching whether or not I need to give notice to my employer when I resign within the probation period. I have read conflicting reports; on the MOL website is state this in regards to termination of contract:
- An employer may not terminate the contract without an award, advance notice or indemnity except in the following cases, and provided that he gives the worker a chance to state his reasons for objecting to the termination:
- If, during or by reason of the work, the worker assaults the employer, the manager in-charge or any of his superiors.
- If the worker fails to perform his essential obligations arising from the work contract, or to obey legitimate orders, or if, in spite of written warnings, he deliberately fails to observe the instructions related to the safety of work and workers as may be posted by the employer in a prominent place.
- If it is established that the worker has committed a misconduct or an act infringing on honesty or integrity.
- If the worker deliberately commits any act or default with the intent to cause material loss to the employer, provided that the latter shall report the incident to the appropriate authorities within twenty-four hours from being aware of such occurrence.
- If the worker resorts to forgery in order to obtain the job.
- If the worker is hired on probation.
- If the worker is absent without valid reason for more than twenty days in one year or for more than ten consecutive days, provided that the dismissal be preceded by a written warning from the employer to the worker if the latter is absent for ten days in the first case and for five days in the second.
- Without prejudice to all of his statutory rights, a worker may leave his job without notice in any of the following cases:
- If the employer fails to fulfill his essential contractual or statutory obligations towards the worker.
- If the employer or his representative resorts to fraud at the time of contracting with respect to the work conditions and circumstances.
- If the employer assigns the worker, without his consent, to perform a work which is essentially different from the work agreed upon and in violation of provisions of Article (60) of this Law.(8) If the worker unlawfully takes advantage of his position for personal gain.0
- If the worker discloses work- related industrial or commercial secrets.4) If the employer, a family member or the manager in-charge commits a violent assault or an immoral act against the worker or any of his family members.
- If the treatment by the employer or the manager in-charge is characterized by cruelty, injustice or insult.
- If there exists in the workplace a serious hazard threatening the safety or health of the worker, provided that the employer is aware thereof but fails to take measures indicating its removal.
- If the employer or his representative, through his actions and particularly his unjust treatment or violation of the terms of the contract, has caused the worker to appear as the party terminating the contract.
- The notice is not needed by the employer in this situation, but there is no mention of the employees ability to resign without notice, I am desperately looking for a concrete source that I can use if they argue with my decision to not give them a notice period. I'm hoping my assumptions are wrong! As I would prefer not to work out another month!!
Answer by Steve
Article (80) of the Saudi Labor discusses about the events and conditions when an employer can terminate the contract with the employee without giving any notice period. These events and conditions have been explained in this article. “Termination without Notice Period”
Article (81): of the Saudi Labor discusses about the events and conditions when an employee can resign without giving any notice period. These events and conditions have been explained in this article. “Resignation without Notice Period”
These are abnormal circumstances, in normal conditions an employee will have to surrender one month notice period. The rules and laws related to notice period have been explained in this article. “Notice Period Under Saudi Labor Law”
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