❓ Question:
I joined the company on 04 July 2022, and my current fixed-term contract ends on 03 July 2028. However, I want to leave the company in December 2026.
Which option should I use in Qiwa to terminate my contract before the contract end date: Resignation or Mutual Agreement / Article 74(1)?
✅ Answer:
If both you and your employer agree that your employment should end in December 2026, the Mutual Agreement / Article 74(1) option is the appropriate route.
Under Article 74(1) of the Saudi Labor Law, an employment contract can end when both parties agree to terminate it, provided the employee’s consent is in writing.
🔹 If the employer agrees
You can request termination through Qiwa under the mutual agreement route and agree on the December 2026 last working date with your employer.
🔹 What about Resignation?
Resignation is also legally recognized. Under the current Article 79 (Repeated), a resignation request is considered accepted if the employer does not respond within 30 days. The employer can postpone acceptance for up to 60 additional days if there is a justified work-related reason and written explanation. The employment contract remains active during this period.
Importantly, the law states that a deferred resignation date cannot be specified in the resignation request. Therefore, if your specific goal is to agree with your employer on a particular December 2026 leaving date, mutual agreement provides a clearer route.
📌 Qiwa process
The Ministry’s current Qiwa service allows an employee to select the employment contract, choose “Terminate Contract,” select the termination reason, specify the last working date, review the request and submit it electronically.
Bottom line:
👉 Employer agrees + you want a mutually agreed December 2026 exit → Mutual Agreement / Article 74(1).
👉 You want to resign without relying on employer agreement → Resignation, subject to the statutory resignation process.
This is general information based on the Saudi Labor Law and current Ministry guidance. Your individual contract may contain additional terms, so check the termination/compensation clauses before submitting the request.
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