15. What is the number of leave days due to the worker in the case of marriage?

In accordance with Article (113), a worker shall be entitled to a five-day leave with full pay in the event of marriage.

14. What is the number of leave days due to the worker in the case of childbirth?

The worker shall be entitled to a three-day paid leave in the case of childbirth.

13. How is the overlap of the leaves calculated?

​​​​​In the event that the occasions and Eid days overlap with the following:

  • Weekly Rest Day: The worker shall be compensated for the same exact number of days before or after those leaves.
  • Annual Leave: It shall be extended for the same exact number of Eid days.
  • Sick Leave: The worker shall be entitled to a full pay for the leaves days without considering the due wage for the sick leave.
  • If the National Day or the Foundation Day coincide with the holidays of any Eid, the worker shall not be compensated for such day.

12. My annual leaves coincide with the official holidays (whether Foundation Day or the National Day).

In such case, the compensation shall be specific. If the official holiday falls on Saturday, it is compensated for by the following Sunday, and if it falls on Friday, it is compensated for by the Thursday before it. Otherwise, the employee is not entitled to compensation for the leave if it coincides with another official holiday.

11. What are the employer’ duties regarding the leaves?

  • The employer shall specify the date of annual leaves.
  • The employer shall notify the worker of the date of the worker's leave before sufficient time of not less than 30 days. Article (109)
  • An employer may postpone, for a period not exceeding 90 days, the worker’s leave after the end of the year it is due if required by work conditions. If work conditions require extension of the postponement, the worker’s consent must be obtained in writing. Such postponement shall not exceed the end of the year following the year the leave is due. Article (110)
  • The employer may require the worker to submit documents supporting the leave application in cases of delivery, death or marriage,
  • as well as proof of having taken the examination. Article (113) and Article (115)
  • A worker may not work for another employer, while enjoying any of the leaves provided for in this Chapter. If the employer proves that the worker has violated this provision, the employer may deprive the worker of his/her wages for the duration of the leave or recover any wages previously paid to him.

10. What are the worker’s rights in the sick leave?

  • The worker, proving his sickness, is entitled to sick leaves per annum, including a full pay leave for the first thirty days, three quarters of the wage for the next sixty days, and unpaid leave for the following thirty days, whether consecutive or intermittent. A year means: The year starting as of the date of the first sick leave.
  • In the case of temporary disability arising from a work injury, the injured party shall be entitled to financial aid equal to their full wage for 60 days, then 75% of the wage for the entire duration of the treatment. If one year elapses, or it is medically determined that the injured party’s chances of recovery are improbable or that he is not physically fit to work, worker's injury shall be deemed a total disability. In such case, the contract shall be terminated and the worker shall be compensated for the injury. The employer shall not be entitled to recover payments made to the injured worker during that year.

9. What are the conditions and requirements for the worker’s leaves?

  • A worker shall be entitled to a prepaid annual leave of not less than 21 days, to be increased to a period of not less than 30 days if the worker spends five consecutive years in the service of the employer.
  • A worker shall enjoy his/her leave in the year it is due. The worker may not forgo it or receive cash in lieu during his/her period of service. The employer may set the dates of such leaves according to work requirements or may grant them in rotation to ensure the smooth progress of work. The employer shall notify the worker of the date of his/her leave in sufficient time of not less than 30 days. Article (109)
  • A worker shall be entitled to a wage for the accrued days of the leave if the worker leaves the work without using such leave. This applies to the period of work for which he has not used his leave. The worker is also entitled to a leave pay for the parts of the year in proportion to the part the worker spent at work. Article (111)
  • Each worker shall be entitled to full-pay leave on Eid days and specified occasions.
  • A worker may obtain, subject to the employer’s approval, an unpaid leave for a duration to be agreed upon by the two parties.

The employment contract shall be deemed suspended for the duration of the leave in excess of 20 days, unless both parties agree otherwise.

  • A worker may not work for another employer, while enjoying any of the leaves.

8. What are the official holidays for workers?

​​​​​

  • Four days for Eid Al-Fitr "Festival of Breaking the Fast", starting as of the day following 29th day of Ramadan, as per Um Al-Qura calendar.
  • Four days for Eid Al-Adha "Festival of the Sacrifice”, starting as of the Day of Arafat.
  • One day for the Saudi National Day (on the first day of Libra Horoscope), as per Um Al-Qura calendar. If these leaves coincide with the weekly rest, the worker shall be compensated with equivalent days before or after such leaves. However, if any of both Eid days coincide with Saudi National Day, the worker may not take an equivalent day off.
  • One day for the Foundation Day that falls on 22nd February of each year.

7. When does the employment contract expire?

  • If both parties agree to terminate it, provided that the worker’s consent is in writing.
  • If the term specified in the contract expires, without having the contract been explicitly renewed in accordance with the provisions of this Law, the contract shall remain valid until the expiry of its term.
  • At the discretion of either party in the non- fixed term contracts, as stated in Article 75 of this Law.
  • When the worker reaches the age of retirement in accordance with the provisions of the Social Insurance Law unless the parties agree on continuing work after this age.
  • Force majeure.
  • Permanent closure of the firm.
  • Termination of the line of business for which the worker is employed, unless agreed otherwise.
  • Any other case provided for by any law. Article (74)

6. When shall the employment contract be terminated?

  • If the contract is of a non-fixed term, either party may terminate it for a valid reason to be specified in a written notice served to the other party prior to the termination date as specified in the contract, provided that such period is not less than 60 days if the worker’s wage is paid monthly, and not less than 30 days for non-monthly wages.
  • If notice is made by the employer, the worker shall be entitled to a paid leave of absence of a full day or eight hours per week, to seek other employment. The worker shall be entitled to determine the time of the leave of absence, provided that the employer is notified at least one day in advance. The employer may relieve the worker from attending work during the notice period without affecting the worker’s term of employment or entitlements for such period.
  • The worker may leave his job without notice and without prejudice to all of their statutory rights in certain cases. (In accordance with Article (81) of the Saudi Labor Law)
  • Employer may not terminate the contract without giving the worker an award, advance notice or indemnity. Article (80)
  • An employer may not terminate the worker’s employment due to illness prior to availing him of the period designated for sick leave as provided for in Article (117) of this Law. The worker is entitled to request that his/her sick leave be combined with the annual leave.

5. What are the general rights in the employment contract?

  • A worker may not be assigned duties which are essentially different from the agreed upon work without his written consent, except in cases of necessity dictated by transient circumstances and for a period not exceeding 30 days a year.
  • The employer may, in exigent circumstances and for a period not exceeding 30 days per year, assign the worker without his/her consent to a different location, provided that the employer bears the costs of the worker’s transport and residence during such period.
  • The employer may not relocate the worker from his original place of work to another place that requires a change in place of residence without his/her written consent.
  • If the contract involves performance of a specific work, it shall be terminated with the completion of the agreed upon work.
  • A monthly-paid worker may not be reclassified as a daily-paid, a weekly-paid, or hourly-paid worker nor as a worker paid by piecework, unless the worker agrees thereto in writing and without prejudice to the rights he has acquired during the period he spent as a monthly-paid worker.

4. When is the employment contract renewed?

  • A fixed-term employment contract shall be terminated upon expiration of its term. If the two parties continue to implement it, the contract shall be deemed to have been renewed for a non-fixed period of time, subject to the provisions of Article 37 of this Law for non-Saudi workers.
  • If a fixed-term contract contains a clause providing for its renewal for a similar term or a specified term, the contract shall be renewed for the agreed upon period. If the contract is renewed for three consecutive terms, or if the original contract term and the renewal period of four years, whichever is less, and the parties continue to implement it, the contract shall become a non- fixed term contract.

Last Modified Date: 2024/11/20 - 05:30, 18/Jumada Al-Ula/1446 - 08:30 Saudi Arabia Time

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