Resignation, Termination & Probation Rights in Saudi Arabia
A law in Saudi Arabia (Council of Ministers Decision No. 117, and Council of Ministers Decision No. 633) updated resignation rights and employment contract requirements. These changes impact notice periods for resignations, employer obligations, probation terms, and contract rules for non-Saudi employees.
- Fixed-term resignation requests under Article 79 bis follow an acceptance process, not a guaranteed 30-day notice period. A request is deemed accepted after 30 days without an employer response, subject to a valid postponement.
- Employees on unlimited-term contracts can resign with 30 days’ notice (reduced from 60 days).
- Employers must still give 60 days’ notice when terminating an unlimited-term contract.
- Non-Saudi employees must have a written fixed-term contract—verbal agreements are no longer valid.
- Probation periods can now last up to 180 days (previously limited to 90 days unless extended).
Scope of the resignation rules: The amended Article 2 defines resignation as a worker's voluntary, unconditional written request to end a fixed-term contract, with employer acceptance. Article 79 bis sets out that resignation process. Employee-initiated termination of an indefinite-term contract for a valid reason is a separate route under Article 75, requiring at least 30 days' written notice. Do not assume that Article 79 bis permits an employer to postpone an Article 75 termination; seek Saudi legal advice if the route or its application is disputed.
Sources: Ministry amendment guide, Articles 2, 74, 75 and 79 bis; Ministry Labor Relations, Articles 75 and 79 bis.
- Resignation timelines: For a request governed by Article 79 bis, the resignation is deemed accepted if 30 days pass from submission without an employer response. This is an acceptance deadline, not simply an obligation to acknowledge receipt.
- Postponing resignation acceptance: Under Article 79 bis, an employer may postpone acceptance for up to 60 days where the interests of the work require it. A written explanation must be delivered to the employee before the initial 30-day period expires. The postponement runs from the date that explanation is provided, so this is not a fixed 60-day maximum measured from submission.
- Pending requests: The employment contract remains in force while the Article 79 bis request is pending, and both parties must continue fulfilling their obligations. The employee may withdraw the request within 7 days of submission, unless the employer has already accepted it.
- Contract requirements: Employers must ensure that all non-Saudi employees have written fixed-term contracts to comply with the law.
- Termination obligations: The employer notice period for terminating an unlimited-term contract remains 60 days.
- Extended probation periods: Employers can now place employees on probation for up to 180 days in the employment contract without requiring a separate agreement with the employee, allowing more time to assess new hires.
- Resignation routes: For an indefinite-term contract, Article 75 provides an employee-initiated termination route for a valid reason with at least 30 days' written notice. A fixed-term resignation under Article 79 bis instead follows the acceptance process below; it does not guarantee a last day 30 days after submission.
- Resignation process: A request governed by Article 79 bis is deemed accepted if the employer does not respond within 30 days of submission. The contract ends on express acceptance, on expiry of that period without a response, or on expiry of a valid postponement period, as applicable.
- Delays in resignation acceptance: For requests governed by Article 79 bis, the employer may postpone acceptance for up to 60 days if the interests of the work require it. The employer must provide written reasons before the initial 30-day period expires. The postponement is counted from delivery of that explanation, not from submission of the request. This rule should not be treated as a general power to extend an Article 75 notice period.
- Withdrawing resignation: An employee may withdraw an Article 79 bis request within 7 days of submission, unless the employer has already accepted it.
- Continuing obligations: While the request is pending, the employment contract remains in force and both employer and employee must continue fulfilling their obligations.
- Non-Saudi employees: Must have a written fixed-term contract—verbal agreements are no longer valid.
- Longer probation periods: Employees may now be placed on probation for up to 180 days, providing both the employer and employee with an extended period to assess long-term suitability.
The rules differ by route. For employee-initiated termination of an indefinite-term contract for a valid reason, Article 75 requires at least 30 days' written notice; review any applicable contractual notice terms. A fixed-term resignation request under Article 79 bis is not a simple 30-day notice: it ends the contract on acceptance, after 30 days without an employer response, or at the end of a valid postponement period, as applicable. Do not apply the Article 79 bis postponement rules automatically to an Article 75 termination.
Yes. Under the Article 79 bis resignation process:
- The request is deemed accepted after 30 days from submission without an employer response.
- The employer may postpone acceptance for up to 60 days if the interests of the work require it, with a written explanation delivered before the initial 30-day period expires. The postponement runs from the date that explanation is provided.
- The employee may withdraw within 7 days of submission, unless the employer has already accepted the request.
- The contract remains in force, and both parties' obligations continue while the request is pending.
- The contract ends on acceptance, expiry of the unanswered 30-day period, or expiry of the valid postponement period, as applicable.
An Article 79 bis request must not specify a deferred resignation date. Have Remote review the submission and applicable route before assuming a final working day.
No. Employers must still provide 60 days’ notice when terminating an unlimited-term contract.
For a resignation request governed by Article 79 bis, it is deemed accepted if 30 days pass from submission without an employer response. A valid postponement requires written reasons provided before that deadline. The contract remains in force while the request is pending. This acceptance process is distinct from the Article 75 notice route for indefinite-term contracts.
Source for the Article 79 bis process and deadlines above: Ministry of Human Resources and Social Development, Labor Relations.
All non-Saudi employees must have a written fixed-term contract—verbal agreements are no longer valid.
Under the new amendments, probation can be set for up to 180 days from the start, giving both employers and employees more time to determine the best fit.
