Resignation Rules Under the Amended Saudi Labor Law (1446H)

The new amendments to the Labor Law came into force under Royal Decree No. (M/44) dated 8/2/1446H. Among the most notable are the provisions governing resignation in Article 79 bis, which introduced clear new rules that did not previously exist. The law treats resignation as a ground for terminating the employment contract (Article 74(3) bis) and sets out the conditions for submitting it, its acceptance and its effects. In this article Shehab Alsaleh Lawyers & Legal Advisors explains the new definition, how resignation differs from similar concepts, and the detailed rules under the recent amendments.

1. What Is Resignation Under the New Labor Law?

The law defines resignation as:

The worker’s written expression, without coercion, of the wish to terminate a fixed-term employment contract, without making it subject to any restriction or condition, and the employer’s acceptance thereof.

It follows from this definition that a resignation:

  • Must be in writing and explicit
  • Must not be conditional or suspended
  • Takes effect only upon the employer’s acceptance (express or implied)
  • Does not take effect if the employer rejects it

Resignation Compared With Similar Concepts

  1. Resignation vs. unilateral termination (for indefinite-term contracts):
    Resignation requires the employer’s acceptance, whereas unilateral termination is a right of either party under an indefinite-term contract, subject to the statutory notice periods and without the other party’s acceptance.
  2. Resignation vs. termination by mutual agreement:
    Termination by agreement requires a mutual offer and acceptance by both parties, while resignation is an offer by the worker alone, accepted by the employer.

2. The New Resignation Rules in Article 79 bis

The amendments (Royal Decree M/44) added Article 79 bis as follows:

  1. A resignation is deemed accepted if 30 days pass without a response from the employer (implied acceptance).
  2. The employer may postpone acceptance for up to 60 days if the interests of the work so require, provided that:
    • A written, reasoned explanation is given to the worker
    • The worker is notified before the initial 30 days expire

    The postponement period runs from the date the explanation is delivered.

  3. The contract ends on the date of:
    • The employer’s acceptance
    • The lapse of 30 days without a response
    • The end of the postponement period (a maximum of 90 days in total)
  4. The worker may withdraw the resignation within 7 days of submitting it, unless the employer has already accepted it.
  5. A resignation may not specify a deferred date (for example, “I resign in six months”).
  6. The contract remains in force during the resignation period, and both parties remain bound by all obligations (salary, attendance, etc.).
  7. The worker is entitled to all their rights in full (end-of-service award, leave balance and other entitlements).

3. Why These Amendments Matter

These provisions represent a significant step toward balancing rights:

  • Protection for the worker: implied acceptance after 30 days and full financial rights
  • Flexibility for the employer: a reasoned postponement of up to 60 additional days to arrange a replacement
  • A 7-day reflection period that protects the worker from hasty decisions
  • Clear procedures that end disputes over notice and acceptance
  • No deferred resignations, ensuring seriousness and clarity

Shehab Alsaleh Law Firm’s Labor Law Services

These amendments provide a clear roadmap for resignation that protects the worker’s rights while taking the employer’s interests into account. Shehab Alsaleh Law Firm provides specialized Labor Law advice, including:

  • Drafting and reviewing resignations and responses to them
  • Resolving disputes over resignation and entitlements
  • Representation before labor dispute settlement bodies and the Ministry of Human Resources
  • Advising companies on compliance with the new amendments

Whether you are an employee or an employer needing advice on resignation or any Labor Law matter, contact us through our contact page.

For more official information:
Ministry of Human Resources and Social Development –
Qiwa platform