The termination letter and the resignation acceptance: the legal difference and the correct form of each
Ending an employment relationship correctly starts with a written letter: when it is a termination, when it is a resignation acceptance, and what each path entails.
The end of an employment relationship is legally more delicate than its beginning. The decision itself may be simple, but the way it is documented determines whether the business closes the file quietly or finds itself in a labor dispute. The difference starts with distinguishing two paths that are often confused: termination by the employer's decision, and resignation at the employee's initiative.
Each path has a different letter: the termination letter is issued by the business and states the reason, the date, and the notice period, while the resignation acceptance documents the business's approval of the employee's request and fixes the end date of the relationship. This guide explains when to use each letter, what it must contain, and the effect of each path on the end-of-service award.
At the end of the guide you will find Sighaty template E-11 for termination letters and E-12 for resignation acceptance, both bilingual and certified by a licensed Saudi lawyer.
Get the Termination Letters templateE-11Why a written letter, not a verbal decision
The Labor Law does not prevent an employer from ending a contract, but it requires a clear path: termination without a legitimate ground provided in the law gives rise to compensation, and the notice period stated in the contract must be respected. The written letter is what proves the business took the correct path: it documents the reason, the date, and the notice, and forecloses a different account of events before any body that later reviews the case.
The termination letter: when, and what it contains
The business uses a termination letter when the decision to end the contract is its own: the role is no longer needed, the probation period was not passed, or a disciplinary ground after its legal path is complete. A correct letter includes:
- The employee's details, the contract referred to, and its start date.
- The reason for termination, precisely worded: the written reason is what the letter will later be judged on.
- The effective date and the notice period, or payment in lieu, per the contract.
- Reference to settling entitlements and the end-of-service award under the law.
Disciplinary dismissal is a separate path with its own requirements: disciplinary penalties are governed by Article 71 and following of the Labor Law, and dismissal cannot rest on violations that were not documented at the time. See the warning letters guide before any disciplinary termination.
The resignation acceptance: why silence is not enough
When an employee submits a resignation, many business owners assume the file is closed by the request alone. In fact the business needs a written acceptance letter that fixes three things: that the resignation was the employee's own act, that the business accepted it, and the end date of the relationship on which entitlements and notice are calculated. Without that documentation, the door stays open to a later dispute over how the relationship ended: was it a resignation or a termination? The difference between the two labels directly affects the award.
How the path affects the end-of-service award
The end-of-service award is calculated under Articles 84 and 85 of the Labor Law: the general rule is half a month's wage for each of the first five years and a full month for each year after them, with fractions of a year counted proportionally. If the relationship ends by the employee's resignation, Article 85 applies graduated proportions of that award based on length of service. This is why how the letter characterizes the end of the relationship is not a formality: it is the basis of the calculation.
For the full numeric calculation with worked examples, see the end-of-service calculation guide.
After the letter: the final settlement
The letter ends the relationship; the settlement closes the file. After the termination letter or the resignation acceptance, the business documents the settlement of all entitlements in a final release signed by both parties: remaining wages, accrued leave balance, and the end-of-service award. The signed release is what prevents a later claim for amounts already settled, and Sighaty has a dedicated template for it, E-13.
Common mistakes when ending employment
- A verbal termination with no letter, then discovering there is no evidence of the reason, the date, or the notice.
- Writing a vague or inaccurate termination reason that does not hold up under review.
- Accepting a resignation without a written letter fixing the end date of the relationship.
- Jumping to disciplinary dismissal without first taking the documented warnings path.
- Paying out entitlements without a signed final release, leaving the file open to reopening.
Frequently asked questions
Must the employee be notified before termination?
Yes. The notice period stated in the contract must be respected on termination, and the contract sets its length, how it runs, or payment in lieu. A correct termination letter states the applicable notice expressly.
Does resignation forfeit the end-of-service award?
Not necessarily. Article 85 of the Labor Law applies graduated proportions of the award based on the resigning employee's length of service, while the full award is calculated under Article 84 in other cases. See the end-of-service calculation guide for worked examples.
When is dismissal without award or notice allowed?
Article 80 of the Labor Law allows rescinding the contract without award, notice, or compensation in specific, exhaustively listed grave cases, and taking this path requires precise documentation of the incident and its procedure. It is an exceptional route, not one built on ordinary violations.
Is a single termination letter enough for disciplinary dismissal?
No. Disciplinary dismissal rests on a documented path of penalties governed by Article 71 and following, from the documented warning to the final warning stating that repetition will end the contract. The termination letter is the end of that path, not its start; template E-10 covers the graduated warning letters.
This guide was prepared and reviewed by a lawyer licensed in the Kingdom. The content is general guidance, not legal advice; consult a licensed lawyer for your specific case. Where an Arabic and an English text exist, the Arabic text prevails.