Saudi Labor Law Article 79 Bis: Resignation Rules for OFWs 2026
Learn Saudi Labor Law Article 79 Bis resignation rules for OFWs in 2026, including the 30-day rule, 60-day postponement, Qiwa process, EOSB and worker rights.
Saudi Labor Law Article 79 Bis
Nag-submit ka na ba ng resignation pero hindi sumasagot ang employer? O baka nakita mo sa Qiwa na postponed ang resignation mo at hindi mo alam kung legal ba ang 30 days, 60 days, o mas mahaba pang paghihintay?
Mahalagang malaman ng mga Filipino workers sa Saudi Arabia ang Article 79 Bis of the Saudi Labor Law because it establishes specific rules on how resignation requests are handled—including when a resignation may be considered accepted even if the employer does not respond.
The provision became part of the major Saudi Labor Law amendments that took effect on February 19, 2025. HRSD said the amendments revised 38 articles, removed seven provisions and added two new articles as part of reforms to contractual employment relationships. (HRSD)
But there is one important detail many workers miss:
Article 79 Bis is not simply a “30-day notice rule.”
It contains separate rules involving acceptance, postponement, withdrawal of resignation, continued employment while the request is pending, and the worker's statutory rights after resignation.
Let's break it down.
What Is Article 79 Bis of the Saudi Labor Law?
Under the current Saudi Labor Law, resignation is specifically defined as a worker's written and voluntary declaration of the desire to terminate a fixed-term employment contract, without conditions or stipulations, together with the employer's acceptance under the legal process. (HRSD)
This distinction is particularly important for OFWs.
Under Article 37, the employment contract of a non-Saudi worker must be written and fixed-term. If the contract does not specify its duration, the current law treats it as a one-year contract starting from the worker's actual commencement date; if work continues afterward, it is renewed for a similar period. (HRSD)
That makes Article 79 Bis highly relevant to many Filipino private-sector workers in Saudi Arabia.
Article 74 also now lists resignation as a separate legal basis for termination of an employment contract, distinct from expiry of a fixed-term contract and termination of an indefinite-term contract under Article 75. (HRSD)
The 6 Important Rules Under Article 79 Bis
1. No Employer Response for 30 Days: Resignation Is Considered Accepted
This is probably the most important provision for workers.
If the employer does not respond to the resignation request within 30 days from its submission, Article 79 Bis states that the resignation request is considered accepted. (HRSD)
In simple terms:
Hindi maaaring basta pabayaan lang ng employer nang walang hanggan ang resignation request.
There is now a statutory period governing employer inaction.
However, workers should not interpret this as permission to stop reporting for work immediately after submitting resignation. As explained below, the employment contract remains active while the resignation request is still pending. (HRSD)
2. The Employer Can Postpone Acceptance for Up to 60 Days
The employer does have a right to delay acceptance—but there are conditions.
Under Article 79 Bis, the employer may postpone acceptance of the resignation for a period not exceeding 60 days when the interests of the work require it. However, the employer must provide the employee with a written explanation, and that postponement must occur before the original 30-day period expires. (HRSD)
Another important detail is often overlooked:
The 60-day postponement period is calculated from the date the written explanation is provided to the worker, not automatically from the original resignation-submission date. (HRSD)
So avoid oversimplifying the rule as:
“30 days + 60 days = automatic 90-day resignation period.”
That is not exactly what Article 79 Bis says.
The employer first has the initial response period. If it legally postpones the resignation, the postponement period begins from the date its written explanation is provided.
Example: Employer Postponed Your Resignation
Suppose you submit your resignation through the proper channel.
The employer does not immediately accept it.
Before the first 30 days expire, the employer sends you a written explanation saying that operational requirements require postponing the acceptance for another period.
If the postponement complies with Article 79 Bis, the employment relationship continues during that postponement period.
This is why some workers may see a resignation status that effectively tells them their resignation acceptance has been postponed rather than immediately approved.
The existence of a postponement therefore does not automatically mean the employer illegally rejected your resignation. The important questions are whether there was a written explanation, whether it was issued within the applicable period, and whether the postponement exceeds the statutory maximum. (HRSD)
3. When Does the Employment Contract Actually End?
Under Article 79 Bis, the employment contract can end through the resignation process in three main situations:
First: The employer accepts the resignation.
Second: Thirty days pass after submission without any employer response.
Third: The employer lawfully postpones acceptance and the postponement period eventually expires. (HRSD)
That distinction matters because:
Submitting a resignation is not necessarily the same thing as your employment contract immediately ending.
Until the applicable termination point is reached, the employment relationship remains in force.
4. You Can Withdraw Your Resignation Within 7 Days
Nagbago ang isip mo pagkatapos mong mag-resign?
Article 79 Bis gives the employee the right to withdraw the resignation request within seven days from the date it was submitted.
But there is an important exception:
If the employer already accepted your resignation before you attempted to withdraw it, the withdrawal right no longer applies. (HRSD)
For example, if you submit a resignation today but reconsider three days later, you may generally still withdraw it—provided the employer has not already accepted it.
This is another reason workers should monitor the status of their request carefully.
5. Do Not Put a Deferred Resignation Date in the Request
Article 79 Bis specifically states that a deferred date of resignation shall not be specified in the resignation request. (HRSD)
This can be confusing because workers often think of resignation like this:
“I am resigning today, but my resignation will become effective three months from now.”
Article 79 Bis establishes its own mechanism for a resignation request. Separately, the electronic termination process may require you to identify a Last Working Date when completing the appropriate Qiwa termination workflow. HRSD's current Qiwa service instructions specifically show a “Last Working Date” field as part of the electronic contract-termination procedure. (HRSD)
Because the legal concept of resignation and the Qiwa workflow can interact with your contract terms, workers should follow the dates and options actually shown in their Qiwa contract rather than manually assuming a termination date.
6. You Must Continue Fulfilling Your Contract While Resignation Is Pending
This rule is extremely important.
Article 79 Bis states that the employment contract remains valid during the resignation-request period, and both the worker and employer remain obligated to fulfill their contractual obligations. (HRSD)
Therefore:
Do not simply stop reporting for work because you submitted a resignation.
Submitting the request by itself does not automatically release the worker from existing obligations.
Continue reporting for work and complying with your contract unless the employer officially releases you, the contract legally terminates, or another lawful basis allows you to stop working.
This can help workers avoid unnecessary disputes involving absence from work or alleged contract violations.
Article 79 Bis vs Article 75: They Are Not the Same
One source of confusion is the 30-day notice rule under Article 75.
Article 75 concerns indefinite-term employment contracts.
For an indefinite-term contract where salary is paid monthly, the current law says:
Employee-initiated termination requires at least 30 days' written notice, while employer-initiated termination requires at least 60 days' written notice. If wages are not paid monthly, either party generally provides at least 30 days' written notice. (HRSD)
Article 79 Bis is different.
Its 30 days concern the period after a resignation request during which employer silence can result in the request being considered accepted.
So don't automatically equate:
Article 75's 30-day notice period = Article 79 Bis's 30-day resignation acceptance period.
They deal with different legal mechanisms.
Article 79 Bis vs Non-Renewal of Contract
This is another major distinction.
Suppose your two-year Qiwa contract will expire soon and you simply do not want another contract.
That is not necessarily the same as resigning before the current contract expires.
Article 74 separately identifies expiration of the fixed term and resignation as different ways an employment relationship may terminate. (HRSD)
Therefore, workers approaching the end of a contract should first check:
Does your Qiwa contract contain an automatic-renewal provision?
Is there a required non-renewal notification period?
Are you trying to finish the current contract or leave before the contract's expiry date?
These situations should not be treated as interchangeable.
How to Submit Contract Termination Through Qiwa
HRSD currently provides a Termination of Contractual Relationship electronic service through Qiwa.
According to the official service instructions, an employee can log in to Qiwa Individuals, open Services → Employment Contracts, select the applicable contract, choose Terminate Contract, select the termination reason, specify the Last Working Date, review the information and submit the termination request. (HRSD)
The current service conditions also state that the worker must have a valid Qiwa contract and there must not already be another termination request under approval for the same contract. HRSD describes the service as automated and requiring no supporting documents for the electronic submission itself. (HRSD)
However, always save evidence such as your Qiwa status, submission date, employer communications and any written postponement notice in case a disagreement later arises.
Can an Employer Completely Reject Your Resignation?
Article 79 Bis specifically explains what happens when the employer accepts the resignation, does not respond for 30 days, or postpones acceptance through the statutory mechanism. (HRSD)
If your employer or Qiwa instead shows the request as rejected, disputed or otherwise inconsistent with what you expected, do not simply assume that your employment automatically ended.
Check the exact Qiwa status and your employment contract, and contact Qiwa/HRSD if necessary.
The legal outcome can depend on the actual action taken by the employer, the contract, the dates recorded in the system and the reason being used to terminate the employment relationship.
Does Resigning Mean You Lose All Your Benefits?
No.
Article 79 Bis expressly says that an employee whose contract is terminated by resignation remains entitled to the rights provided under the Labor Law. (HRSD)
However, that does not mean every employee receives exactly the same amount of End-of-Service Benefits.
Under Article 85, when employment ends through resignation, the worker is generally entitled to:
One-third of EOSB after at least two consecutive years but not more than five years of service.
Two-thirds of EOSB when service exceeds five years but remains below ten years.
Full EOSB once continuous service reaches ten years or more.
Article 87 provides certain exceptions where full EOSB may apply. (HRSD)
What If You Have Worked Less Than Two Years?
Article 85 begins resignation-based EOSB entitlement at two consecutive years of service. Therefore, an ordinary resignation before completing two years does not receive the Article 85 resignation award unless another legal rule or exception changes the situation. (HRSD)
This is one reason workers should calculate the financial consequences before submitting a resignation.
Check not only EOSB but also:
- remaining contract duration,
- unused annual leave,
- unpaid salary,
- contractual compensation clauses,
- loans or work-related debts,
- and other pending entitlements.
Can Your Employer Charge You Compensation for Resigning Early?
This requires careful handling.
Article 79 Bis now recognizes resignation as a statutory route for terminating an employment contract, but workers should not assume that Article 79 Bis automatically cancels every contractual or compensation issue that may arise from early termination.
Article 77 separately regulates compensation when an employment contract is terminated for an illegitimate reason. For fixed-term contracts, the statutory formula mentioned in Article 77 is generally the wages for the remaining contract period, subject to any valid specific compensation provision in the contract and the circumstances of the termination. (HRSD)
Therefore, if your Qiwa contract still has many months remaining, check the termination and compensation clauses before assuming either:
“Siguradong wala akong babayaran.”
or
“Automatic kailangan kong bayaran lahat ng remaining months.”
Neither statement should be applied blindly to every case.
The precise legal exposure can depend on the contract language, the reason for termination, whether the resignation procedure was properly completed, and whether another provision of the Labor Law applies.
What If the Employer Is Violating the Contract?
Article 79 Bis should also not be confused with Article 81.
Article 81 provides specific situations where a worker may leave employment without notice while retaining statutory rights, including serious failures by the employer to fulfill essential contractual or legal obligations, certain deception regarding employment conditions, fundamentally different work assignments contrary to the law, assault or immoral conduct, cruelty or humiliation, serious workplace danger that the employer fails to address, and conduct by the employer that effectively forces the worker to appear as the terminating party. (HRSD)
Article 81 requires its own legal grounds and evidence.
Simply having a disagreement with the employer does not automatically turn an ordinary resignation into an Article 81 case.
How Long Does the Employer Have to Release Your Final Entitlements?
Under Article 88, when the worker is the party ending the contract, the employer must settle the worker's entitlements within a period not exceeding two weeks from termination of the contractual relationship. (HRSD)
Those entitlements can include amounts legally due to the worker depending on the circumstances of the case.
So keep a record of the official termination date—not merely the date when you first submitted your resignation.
Does Article 79 Bis Apply to Domestic Workers?
Generally, no—not in the same way.
Article 7 of the Saudi Labor Law specifically excludes domestic workers and those considered as such from the general application of the Labor Law and provides for separate regulations governing those categories. (HRSD)
Therefore, workers such as household domestic workers should not automatically use Article 79 Bis rules intended for the general Labor Law/private-sector framework.
Domestic-worker cases should instead be checked under the applicable Musaned/domestic-worker regulations.
This distinction is very important for Filipino workers because Qiwa private-sector employment and Musaned domestic employment operate under different regulatory frameworks.
Common Article 79 Bis Questions From OFWs
“Nag-resign ako pero hindi sumagot ang employer. Ano mangyayari?”
If 30 days pass from the resignation submission without employer response, Article 79 Bis states that the resignation is considered accepted. Check the exact dates and Qiwa status before stopping work. (HRSD)
“Pwede ba i-delay ng company ang resignation ko?”
Yes. The employer may postpone acceptance for up to 60 days when required by work interests, but must provide a written explanation and do so before the initial 30-day period expires. (HRSD)
“Pwede ko bang bawiin ang resignation ko?”
Generally yes, within seven days of submission—unless the employer has already accepted it. (HRSD)
“Pwede na ba akong hindi pumasok pagkatapos kong mag-submit?”
Not simply because the resignation was submitted. Article 79 Bis says the contract remains valid while the request is pending and both parties must continue fulfilling their obligations. (HRSD)
“Resignation ba ang non-renewal?”
They are legally distinct concepts. Article 74 separately identifies expiry of the fixed contract term and resignation as grounds for ending employment. (HRSD)
“May EOSB pa ba ako kapag nag-resign?”
Possibly. Article 85 sets different EOSB entitlements according to length of continuous service, including one-third after two to five years, two-thirds after more than five but less than ten years, and full EOSB at ten years or more. (HRSD)
Important Checklist Before Resigning Through Qiwa
Before pressing Submit Termination Request, review your Qiwa contract carefully. Confirm whether it is still active, when it expires, whether there is an automatic-renewal clause, what termination or compensation clause it contains, and whether you are actually trying to resign early or simply prevent renewal.
After submission, keep screenshots showing the submission date and status. Continue following your employment obligations while the request is pending. If the employer postpones acceptance, keep the written explanation and verify the date the postponement started.
And if there is a dispute involving compensation, an Article 81 allegation, an unusual Qiwa status, or an employer action that does not match the legal process, seek clarification from Qiwa or the Ministry of Human Resources and Social Development (HRSD) before abandoning the workplace.
Final Takeaway
Kung OFW ka sa Saudi at may balak kang mag-resign, huwag basta isipin na “nag-submit na ako, kaya tapos na ang contract ko.”
Under Saudi Labor Law Article 79 Bis, there is now a clearer resignation process: employer silence for 30 days can result in acceptance, the employer may postpone acceptance for up to 60 days under specific conditions, workers generally have seven days to withdraw their request, and the employment contract remains active while the resignation is pending. (HRSD)
Most importantly, check the actual Qiwa contract, termination reason, remaining contract period and compensation clauses before making your final decision.
A small mistake in choosing between resignation, non-renewal, Article 81, mutual termination or another termination route can create very different consequences.
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Disclaimer
This article is provided for general educational and informational purposes for Filipino workers in Saudi Arabia. It is not a substitute for individualized legal advice and does not guarantee the outcome of a Qiwa, HRSD or Labor Court case. Saudi regulations, electronic procedures and individual contract terms may affect each situation. Always verify your current status through Qiwa, HRSD or another competent Saudi authority.
Official references used: Saudi Ministry of Human Resources and Social Development — current Labor Relations provisions covering Articles 74–88, Article 37 for non-Saudi workers, Article 7 exclusions, the 2025 Labor Law amendments, and the Qiwa Termination of Contractual Relationship service. (HRSD)
