Many workers submitted their resignations and then fell into confusion: is the resignation counted from the date of submission or from the employer's acceptance? What if it is ignored? Can it be withdrawn? These questions had no clear answer in the law, until the in-force Royal Decree (M/44) added an entirely new article (Article 79 bis) that regulated resignation explicitly for the first time. This is a practical guide to these new provisions.
First: what is the legal definition of resignation?
The amended law defined resignation as: the worker's disclosure in writing of their desire — without coercion — to terminate the employment contract, without it being contingent on a restriction or condition, and the employer's acceptance of it. Resignation is therefore a written, explicit act, not mere words or a momentary reaction.
Second: when is the resignation deemed accepted?
Here is the most important and most beneficial provision for the worker. A resignation is deemed accepted by operation of law if thirty days pass without a response from the employer. That is, the employer's silence does not suspend your resignation forever — after thirty days it is considered automatically accepted.
But the employer may postpone accepting the resignation for a period not exceeding sixty days if the interest of work requires it, on two conditions: that the postponement be by a written, reasoned explanation provided to the worker, and that it be before the end of the first thirty-day period.
When does the contract actually end by resignation?
The employment contract ends by resignation on one of three: from the date of the employer's acceptance, by the lapse of the thirty days without a response, or by the end of the postponement period (if any). Knowing the precise end date matters because it determines when your rights are settled.
Third: your right to withdraw the resignation
A new and important feature: the worker may withdraw their resignation within seven days of the date of submission — unless the employer accepted it before the withdrawal. So if you rushed in submitting your resignation and regretted it, you have a seven-day window to retract (provided acceptance has not occurred).
Fourth: important rules you must know
The law set precise controls protecting both parties:
- A postponed date for the resignation may not be specified in the request itself. Resignation is a present act, not contingent on a future date.
- The contract remains in force during the resignation-request period, and both parties are bound by all their obligations during it — the worker may not stop working merely by submitting the resignation, nor may the employer stop paying the wage.
- The resigning worker is entitled to all their rights prescribed by the law, including the end-of-service award per the ratios prescribed for resignation.
A practical point for the worker
Always submit your resignation in writing and with a documented date (an official email or a received letter), and keep your copy. This protects your right to count the thirty-day period precisely, and proves the date of submission if the employer denies receiving it.
Fifth: the effect of resignation on the end-of-service award
Resignation affects the amount of the award (unlike termination by the employer). The resigning worker is entitled to the award at graduated ratios according to their length of service (a third, two-thirds, or the full amount) — a topic we detail in the end-of-service award post.
Conclusion
Resignation is no longer a grey area. It now has clear rules: a written act, deemed accepted after thirty days, withdrawable within seven days, with the contract remaining in force during it. The golden rule: resign in writing and with a documented date, and know that the employer's silence for thirty days means acceptance, and that you have seven days to retract — for a rushed resignation is a major decision, but the law has granted you a window to reconsider.
How does LEXIUM help?
We guide you on the correct way to submit or handle a resignation, calculate its effect on your award, and represent you if a dispute arises over the date of resignation, its acceptance, or the rights arising from it before the labor courts.
Note: These provisions are recently in force, and their application may differ according to the details of each case and the type of contract, so consulting a specialist is advised when needed.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. See our full disclaimer.