Notice Period In Saudi Arabia: Laws, Rights & Best Practices

The notice period in Saudi Arabia is of great importance in creating a secure and stable work environment while safeguarding the interests of both employees and employers. It outlines the necessary steps for both employees and employers when deciding to terminate a contract. It’s essential for both parties to understand the regulations surrounding the notice period to foster a positive working relationship and ensure legal compliance. Recent updates to the Saudi Labor Law, specifically Articles 75 and 79 Bis, have clarified the framework for the notice period, offering employees increased flexibility. This article examines the key aspects of the notice period in Saudi Arabia, detailing the required durations for different types of contracts and the consequences of non-compliance.

The notice period is essential for fostering a secure work environment and protecting the interests of both employees and employers. Understanding the regulations governing this period is crucial for ensuring labor rights and maintaining work stability.

Notice Period In Saudi Arabia                              

The notice period in Saudi Arabia is the duration during which the party terminating the contract must inform the other party in writing before the contract is concluded. Both the employee and the employer must adhere to this notice period in accordance with Saudi Labor Law.

Article 75 of the Saudi Labor Law explains the rules for the notice period that both employees and employers must follow. Here are the main points:

1. Indefinite Contract with Monthly  Wage:
2. If the termination is initiated by the employee, they must provide a written notice of at least 30 days. 
3. If the termination is initiated by the employer, they must provide a written notice of at least 60 days.
4. Indefinite Contract with Non-Monthly Wage:
   1. For either party, whether the employee or the employer, the written notice period is 30 days.

Furthermore, if an employee submits a resignation and does not receive a response from the employer within 30 days, the resignation is automatically accepted. The employer also has the right to postpone acceptance of the resignation for up to 60 days, provided they give written justification for the delay. This regulation highlights the importance of clear communication between both parties regarding the terms of employment and resignation.

Read also: Complete Guide to the employment contract in Saudi Arabia

These provisions not only provide clarity to the resignation process but also protect the rights of both parties involved. By formalizing the rules surrounding the notice period, the Saudi Labor Law aims to foster a balanced and fair work environment. Understanding the notice period in Saudi Arabia is essential for both employers and employees to navigate their rights and responsibilities effectively.

Resignation Notice Period In Saudi Arabia

The resignation notice period in Saudi Arabia is a vital component of the labor laws that both employees and employers need to comprehend. Governed by the recently amended Article 75 and the newly added Article 79 Bis of the Saudi Labor Law, these provisions outline the requirements for notice periods during the resignation process.

For indefinite contracts with monthly wages, employees are required to submit a written notice at least 30 days before their intended last working day. This new requirement streamlines the resignation process, facilitating a smoother transition for employees leaving their roles. In the case of indefinite contracts with non-monthly wages, both employees and employers are also subject to a 30-day notice period, establishing uniform expectations for both parties.

The addition of Article 79 Bis significantly enhances worker protection by providing clear guidelines for the resignation process. According to this article, a resignation application is considered accepted if the employer does not respond within 30 days. If necessary for operational reasons, the employer has the right to postpone acceptance of the resignation for up to 60 days, provided a written explanation for the delay is given to the employee. This postponement must occur before the initial 30-day period expires, and the duration will be calculated from the date the explanation is provided.

An employment contract will terminate upon resignation either on the date the employer accepts the resignation, after the 30-day period without a response, or after the expiration of the postponement period. Employees retain the right to withdraw their resignation within seven days of submission, unless the employer has already accepted it. Notably, a specific deferred date cannot be included in a resignation application. The employment contract remains valid during the resignation application period, requiring both parties to fulfill their obligations under the contract. Workers whose contracts terminate due to resignation are entitled to all rights prescribed by law.

Check out: Article 74 Saudi Labor Law: Contract Termination Reasons

Overall, Article 79 Bis emphasizes the importance of a respectful and organized resignation process, ensuring that employee rights are protected while maintaining clarity and structure in employment relationships. Clarity regarding the notice period is crucial in the workplace, as it helps prevent misunderstandings and disputes between employees and employers. When both parties are informed about the stipulations related to resignations, it fosters an environment of transparency and trust. This understanding encourages employees and employers to familiarize themselves with the relevant provisions, ultimately contributing to a more harmonious working relationship. By adhering to these clear guidelines, potential conflicts can be minimized, leading to smoother transitions and a more positive workplace atmosphere.

Learn about: Saudi Labor Law Article 80: Employee Termination Rights

Understanding the resignation notice period in Saudi Arabia is essential for ensuring compliance with labor laws and safeguarding the rights of both employees and employers. The recent amendments enhance the framework for resignations, making it a fundamental aspect of employment practices in the Kingdom.

In conclusion, the notice period in Saudi Arabia plays a vital role in the employment landscape, facilitating smooth transitions for both employees and employers. The recent amendments to the Saudi Labor Law have clarified the notice period requirements, allowing for more flexibility while ensuring that rights are protected. By adhering to the stipulated notice periods—30 days for employees and 60 days for employers—both parties can avoid misunderstandings and uphold professional relationships. Understanding these regulations not only promotes compliance but also fosters a respectful and organized workplace environment, ultimately contributing to better employee satisfaction and retention.

The Etqan Al Mutamayza Law Firm can provide the necessary support. You can contact their team through the following mobile numbers: 0561137766, 0541110440, and 0504315333.

Alternatively, you can visit our branches: 

• Jeddah: Al-Aziziyah District–Mohammed bin Abdulaziz Street (Tahlia) 
• Riyadh: King Abdulaziz Street—In front of Kingdom 
• Dammam: Al-Ashri’a Street, Al-Badeea, Dammam 32415.

FAQs