Termination By Agreement Template for Saudi Arabia
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What is a Termination By Agreement?
The Termination By Agreement document is essential when both employer and employee in Saudi Arabia mutually agree to end their employment relationship. This document is typically used when parties wish to part ways amicably and document their agreement formally, ensuring compliance with Saudi Labor Law and protecting both parties' interests. It becomes particularly relevant during corporate restructuring, voluntary separations, or when alternative employment arrangements are sought. The agreement must carefully address end-of-service benefits, final settlements, and post-employment obligations as required by Saudi regulations. For expatriate employees, additional considerations regarding visa status and exit procedures must be included. The document serves as crucial evidence of the voluntary nature of the termination, which can be important for future employment relationships and regulatory compliance.
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About the Termination By Agreement
When you and your employer decide to part ways amicably in Saudi Arabia, a Termination By Agreement document ensures your separation is legally sound and protects both parties' interests. This formal agreement creates a clear record of your mutual decision to end the employment relationship while addressing all financial and legal obligations under Saudi Labor Law.
When do you need this document?
You need a Termination By Agreement when both you and your employer want to end your employment relationship voluntarily before your contract's natural expiration. This situation commonly arises during corporate restructuring where positions are eliminated but employees aren't being dismissed for cause. You'll also need this document when pursuing career opportunities that require an immediate start date, when personal circumstances require you to leave Saudi Arabia, or when your employer offers voluntary separation packages during downsizing. The document becomes essential if you're an expatriate employee, as it helps coordinate your employment termination with visa cancellation and exit procedures required by Saudi authorities.
Key legal considerations
Your agreement must clearly specify the termination date and confirm that both parties are ending the relationship voluntarily without coercion. The document should detail your final settlement, including any outstanding salary, unused annual leave compensation, and most importantly, your end-of-service benefits calculated according to Articles 84-88 of Saudi Labor Law. You need to address confidentiality obligations, non-compete restrictions if applicable, and the return of company property. The agreement should include a mutual release clause where both parties waive claims against each other, though this cannot override your statutory rights under Saudi labor regulations. If you have access to company systems or confidential information, the document must specify when this access will be terminated and your ongoing obligations to protect proprietary information.
Legal requirements in Saudi Arabia
Under Saudi Labor Law (Royal Decree No. M/51), your termination agreement must comply with minimum notice periods and end-of-service benefit calculations based on your length of service and final salary. The document must be clear about final payment timing, as the Wage Protection System (WPS) requires employers to settle all dues promptly. Your agreement should reference compliance with Saudi Social Insurance Law regarding the settlement of GOSI contributions and benefits. For expatriate employees, the document must coordinate with visa cancellation procedures and specify responsibilities for exit visa processing. The agreement should be signed by authorized representatives from both sides, and witness signatures may be required depending on your company's internal policies. All parties must retain signed copies for their records, and the document should be available in both Arabic and English if you don't read Arabic fluently.
GOVERNING LAW
Applicable law
This Termination By Agreement is drafted to comply with Saudi Arabia law. Key legislation includes:
End of Service Benefits Regulations: Regulations under Articles 84-88 of the Saudi Labor Law governing the calculation and payment of end-of-service benefits upon termination
Minister of Labor Decision No. 1982: Regulations regarding the procedures and requirements for termination of employment contracts by mutual agreement
Wage Protection System (WPS) Regulations: Rules governing the settlement of final payments and wages upon termination of employment
Saudi Social Insurance Law: Regulations regarding the settlement of social insurance obligations upon termination of employment
Nitaqat (Saudization) Regulations: Requirements regarding maintaining Saudi national employment quotas following termination of employment
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