Saudi Labor Law Article 81: The Employee Rights

Saudi Labor Law Article 81 serves as a crucial protection for employees within the Kingdom, allowing them to terminate their employment contracts without notice under specific circumstances. This article is pivotal in ensuring fairness and justice in the workplace, safeguarding workers from unjust dismissal and exploitation. By outlining clear conditions for resignation, Saudi Labor Law Article 81 establishes a balanced framework for both employers and employees, promoting mutual respect and adherence to contractual obligations. Understanding this provision is essential for navigating labor rights in Saudi Arabia, contributing to a more equitable work environment for all.

Saudi Labor Law Article 81​

Article 81 of Saudi labor law​ provides conditions under which an employee may terminate their employment contract without notice while retaining their rights. Here’s a more detailed look at the content:

A worker can leave the job without notice in the following cases:

1. Employer’s Breach: If the employer fails to fulfill essential contractual obligations or statutory rights towards the worker.
2. Fraudulent Practices: If the employer or their representative deceives the worker regarding any work conditions and circumstances at the time of the contract.
3. Unauthorized Job Assignment: If the employer assigns the worker to perform work that is fundamentally different from what was agreed upon without the worker’s consent, violating Article 60 of the law.
4. Assault or Immoral Acts: If the employer, a family member, or the manager commits violence or acts immorally against the worker or their family members.
5. Cruel Treatment: If the employer or manager subjects the worker to cruel, unjust, or insulting treatment.
6. Hazardous Workplace: If there is a serious danger to the worker’s health or safety in the workplace, and the employer is aware of it but fails to take appropriate action.
7. Unjust Treatment Leading to Resignation: If the employer’s actions, particularly unjust treatment or violations of the contract, cause the worker to seem like the party terminating the contract.

Article 81 of Saudi labor law​ aims to ensure protections for workers in Saudi Arabia, allowing for necessary protections against unfair practices and ensuring a safe working environment.

Read also: The Saudi Labor Law: Key Regulations & Employee Rights

Saudi Labor Law Articles 80 And 81

What are Saudi labor law Articles 80 and 81?

Saudi Labor Law includes essential provisions in Articles 80 and 81, which govern the rights and responsibilities of both employers and employees in the context of employment termination.

Article 80 specifies the conditions under which an employer may terminate an employee’s contract without the obligation to provide severance pay, notice, or indemnity. It requires the employer to allow the worker a chance to express their objections prior to termination. The grounds for termination without notice include:

1. Violence or Assault: Any physical assault by the employee against the employer or superiors.
2. Failure to Perform Duties: Repeated failure to meet obligations or follow legitimate orders, especially concerning safety instructions after written warnings.
3. Misconduct: Engaging in dishonest behavior or actions that undermine integrity.
4. Deliberate Harm: Intentionally causing material loss to the employer, provided the incident is reported to authorities within 24 hours.
5. Fraudulent Employment: Having obtained employment through forgery.
6. Probationary Termination: Termination during the employee’s probation period.
7. Excessive Absences: Absence without valid reason exceeding 30 days in a year or 15 consecutive days, with preceding written warnings required.
8. Abuse of Position: Unlawfully exploiting the position for personal gain.
9. Disclosure of Trade Secrets: Revealing confidential information related to the employer’s business.

Check out: Sick Leave Saudi Labor Law: Know Your Esential Rights

Saudi Labor Law Article 81, on the other hand, allows employees to resign without notice while retaining their statutory rights under specific circumstances. This includes situations where the employer has failed to fulfill essential contractual obligations, engaged in fraudulent practices, assigned substantially different work without consent, or treated the employee or their family with violence or disrespect. Workers are also protected in environments where their safety is jeopardized or if the employer’s actions unjustly lead to the perception that the worker has terminated the contract.

Together, Saudi labor law Articles 80 and 81​ provide a framework that balances the rights of employees to protect themselves against unjust treatment and the rights of employers to manage their workforce effectively. This legal framework aims to promote fair labor practices and protect both parties in employment relationships in Saudi Arabia.

In conclusion, Saudi labor law article 81​ serves as a crucial safeguard for employees, empowering them with the right to terminate their contracts without notice under specific circumstances. This provision not only upholds the integrity of the employment relationship but also ensures that workers are protected against unfair treatment, exploitation, and unsafe working conditions. By delineating the conditions that justify resignation without penalties, Article 81 promotes accountability among employers and encourages a respectful and equitable workplace.

As the labor market in Saudi Arabia continues to evolve, understanding these rights is essential for both employees and employers to foster a harmonious work environment. It is imperative for workers to be aware of their rights and for employers to recognize their responsibilities, ensuring compliance with labor laws to create a fair and just labor landscape in the Kingdom. Ultimately, Saudi labor law article 81 stands as a testament to Saudi Arabia’s commitment to enhancing labor standards and protecting the rights of its workforce.

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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. 

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