The Article 109 Saudi Labor Law aims to protect the rights of employees and ensure a stable and balanced work environment by regulating the various types of leaves that employees are entitled to. It includes annual leaves, leaves related to official and religious occasions, in addition to special leaves such as marriage, childbirth, and Hajj.
The law also specifies clear mechanisms for calculating wages during leave periods, with regulations in place to ensure that employees receive their leaves without delay or reduction. This regulation contributes to improving the quality of life of employees, which enhances the balance between their professional and personal lives, and increases the level of job satisfaction and productivity in the work environment.
المحتويات
Explanation of Article 109 Saudi Labor Law
Article 109 Saudi Labor Law defines the rights of employees regarding annual leave, granting the worker a paid leave of no less than 21 days per year, with the possibility of increasing it to 30 days upon completion of five consecutive years in the same employer. This system aims to achieve a balance between work requirements and employee comfort, which contributes to improving productivity and enhancing employee well-being.
The system provides flexibility in organizing leave, as the worker and employer can agree to divide the leave or postpone it to the following year according to work requirements, while preserving the employee’s right to benefit from it. This article emphasizes that annual leave is a basic right that cannot be waived, which supports the stability of the work environment and enhances employee satisfaction.
Through these regulations, the Saudi Labor Law seeks to provide an integrated regulatory framework that helps both employers and employees clearly understand their rights and duties, which contributes to building a more balanced and sustainable work environment.
Types of Leaves in the Saudi Labor System
The Saudi Labor System is keen to guarantee the rights of employees by providing a variety of leaves that help achieve a balance between professional and personal life, which contributes to improving the work environment and raising the level of employee satisfaction. The system includes annual, official, and sick leaves, in addition to special leaves related to social and religious occasions, with clear regulations defining the rights of employees and the obligations of employers.
Read also: Saudi Labor Law Vacation Pay: A Comprehensive Guide
Annual Leave
The employee is entitled to a paid annual leave of not less than 21 days, increasing to 30 days for those who have completed 5 consecutive years in the same employer. The employee has the freedom to choose the date of the leave according to work arrangements, and the employer is obligated to pay the leave dues in advance to ensure that the employee benefits from it in full. The employee may, with the approval of the employer, postpone his leave or accumulate it for use at a later time according to his personal needs.
Official and National Holidays
The Saudi Labor Law grants employees official holidays, including national and religious holidays, which are an established right that cannot be waived, and include:
- Founding Day holiday (February 22): An official holiday in all sectors, and the employer may not deduct from it or prevent employees from benefiting from it. If the need for work requires the employee to work on this day, the employer is obligated to compensate him with either an alternative day off or additional pay, according to what is determined by the Article 109 Saudi Labor Law
- National Day holiday (September 23): Granted to all employees in the Kingdom to celebrate this important national occasion.
- Eid holidays (Eid Al-Fitr and Eid Al-Adha): Employees receive paid leave that allows them to spend the holidays with their families and loved ones.
- Official occasion holidays: Additional leaves may be granted based on state decisions such as emergency leaves or other national occasions.
Check out: Sick Leave Saudi Labor Law: Know Your Esential Rights
The law obliges employers not to deduct from employees’ salaries during these holidays, and if the institution needs the employee to work during the holiday period, he must be granted additional compensation in accordance with the applicable regulations.
Sick Leave
The system allows the employee to obtain sick leave in the event of a health problem that prevents him from performing his work, and it is calculated as follows:
- Full pay for the first 30 days.
- Half pay for 60 days.
- Unpaid leave for an additional 30 days.
A medical report certified by an accredited authority is required to prove the health condition, and this regulation aims to ensure that the employee receives the necessary care without affecting his financial status.
Social and special leaves
The system is concerned with providing leaves that are appropriate for the social occasions that the employee goes through, including:
- Marriage leave: The employee is entitled to 3 paid days upon marriage, to provide the opportunity to celebrate this special occasion.
- Paternity leave: The employee is granted 3 days upon the birth of a new child, to be with his family.
- Maternity leave: A pregnant employee is entitled to 10 weeks of paid leave, starting four weeks before giving birth, with the possibility of extending it without pay.
- Bereavement Leave: The employee is entitled to 5 days in the event of the death of a first-degree relative, allowing him time to console his family in these difficult circumstances.
Hajj Leave
The system allows a Muslim worker to take a paid leave for 10 days to perform Hajj, provided that he has completed two consecutive years with the employer. This leave is granted only once throughout the worker’s service period in the same entity.
How to Calculate Annual Leave Entitlements?
The Saudi Labor System is keen to ensure that employees receive their full financial dues during annual leave, through a clear mechanism for calculating the due salary. According to Article 109 Saudi Labor Law, the worker is entitled to receive his full wage for the leave period, and this is calculated based on the average daily wage during the period prior to the leave, including any fixed allowances or bonuses that the worker receives regularly.
Learn about: Article 77 Saudi Labor Law: Employee Compensation Rights
The system also stipulates the necessity of disbursing annual leave entitlements in advance, i.e. before the worker begins his leave, which enhances the commitment of employers and ensures that the worker enjoys his leave without financial worries.
In the event that the leave is not used during the due year, the worker can carry it over to the following year after agreement with the employer, which provides flexibility in managing it according to his personal and professional needs. Through these provisions, the Saudi Labor System seeks to achieve a balance between employee rights and work requirements, ensuring a stable and stimulating work environment.
In conclusion, understanding employee rights and legal obligations under Article 109 Saudi Labor Law is essential to ensuring a stable and balanced work environment. However, the details of the application of the law may vary from case to case, so it is always advisable to consult a legal specialist for accurate and appropriate advice. You can use Etqan law firm for legal services, which includes a group of experts specialized in the Saudi Labor Law, to ensure your rights and make the right legal decisions.
- The Etqan Al Mutamayza Law Firm can provide the necessary support. You can contact their team
- through the following mobile numbers: 056113776, 0541110440, 504315333
Alternatively, you can visit our branches:
- Jeddah: Al-Aziziyah District–Mohammed bin Abdulaziz Street (Tahlia)
- Riyadh: King Abdulaziz Street – In front of Kingdom
- Dammam: Al-Ashri’a Street, Al-Badeea, Dammam 32415.
FAQ
Do I need to pay if I resign under probation period in KSA?
Saudi Labor Law grants the worker the right to submit his resignation during the probationary period, where he can terminate the contract at any time without having to state reasons or pay compensation to the employer. The system also allows the employer to terminate the contract during this period, provided that the worker is notified in advance according to the period specified in the contract.
What is the annual leave in Saudi Labour law?
According to Article 109 Saudi Labor Law, employees are entitled to annual leave with full pay, which varies based on their length of service:
21 days per year for employees with less than five years of continuous service.
30 days per year for employees who have completed five consecutive years with the same employer.
What is the Saudi labor law about delayed salary?
Saudi Labor Law guarantees the worker’s right to receive financial compensation in the event of late payment of his dues, as it obliges the employer to pay a financial fine determined based on the value of the late wage. However, this fine may not exceed double the amount due.