Questions & Answers
Consequences of resignation during probation on the employee
Hello,
An employee was unaware of the environment of the job and the fact that the company doesn't pay the salary but he has already offered money for the visa, and now wants to quit.
Can the employee get the money back?
Article (121) of Law /8/ of 1980 stipulates that “A worker may abandon his work without notice in either of the following cases:
1- If the employer fails to honour his obligations towards the worker, as provided for in the contract or in this law.
2- If he is assaulted by the employer or the employer's legal representative."
Where Article (116) of same law stipulates that “Where a contract is revoked by the worker for reasons other than those specified in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month's wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.”
Accordingly, you may be aware that since you have entered the labour contract with the employer, and you are not following any of the cases as mentioned under article (121) of the labour law, you will be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month's wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Note: This is a general legal opinion given to the questioner without meeting and without reviewing any documents, but base on the inquiry. This opinion may vary from time to time based on other facts and documents not provided and not perused. This opinion is general and subject to this inquiry only.
