This guide explains Saudi Labor Law Articles 77, 80 & 85 Explained in plain language, with the practical steps anyone facing this situation in Saudi Arabia needs to know.
This guide explains the most important Saudi Labor Law articles related to termination and dismissal (Articles 77, 80, 85), among the most important articles workers and employers need to understand precisely.
The Saudi Labor Law precisely defines the cases in which either party has the right to terminate the employment contract, and the difference between these articles determines whether compensation is due, making understanding them necessary for both worker and employer.
This article establishes the worker's right to compensation if the employer terminates the contract for an unlawful reason or without justification the law accepts. Compensation is determined by contract type: fixed-term or indefinite, usually including the remaining contract period's wage if fixed-term, or compensation the judge calculates under defined controls if indefinite, plus the end-of-service gratuity due in all cases.
This article defines the exceptional cases where the employer has the right to dismiss the worker without notice and without compensation, such as: assault on the employer or responsible manager, committing a serious error resulting in serious material harm to the establishment, unexcused absence for a specified period during the year, or disclosing the establishment's industrial or commercial secrets. These cases are statutorily limited and cannot be expanded.
This article grants the worker the right to immediately terminate the contract while retaining all contractual rights if the employer breaches material obligations, such as not paying wages on time, assigning the worker duties materially different from what was agreed without their consent, or a serious risk to the worker's safety the employer knew about but didn't address.
The key criterion: is the termination justified by a documented act from either party falling within the statutorily limited cases? If the employer relies on a reason not falling within Article 80's limited cases, the termination is considered wrongful and Article 77's provisions apply. If the worker left work due to a documented material breach by the employer, Article 85's provisions apply, preserving their full rights.
Most disputes over these articles are settled by documented evidence: warning letters, attendance and departure records, official email correspondence. Contemporaneous documentation of the incident at the time it occurred is far stronger than any later verbal account before the labor court.
Whether you're a worker who feels your dismissal was wrongful, or an employer needing to correctly document the basis for dismissing a worker, precise understanding of these articles and their application to your case's facts determines the outcome of any subsequent dispute before the labor court.
These cases benefit from having the signed employment contract, payroll records, and any official warnings or correspondence related to the termination. No additional documents are needed at the initial consultation stage.
No, each case is classified under one legal description the judge determines based on its actual facts, but the affected party can argue more than one legal basis in their memorandum until the judge determines the correct classification.
Whether you're a worker or employer, precise understanding of these articles determines the outcome of any future dispute. Contemporaneous documentation of every relevant incident is your most important investment in protecting your legal position.
Imagine a worker dismissed on grounds of "repeated performance negligence" without any prior written warnings or documented performance evaluations supporting this claim. In this case, it's difficult for the employer to prove the dismissal is based on an acceptable statutory ground within Article 80's limited cases, and the dismissal is likely classified as wrongful with the worker entitled to Article 77 compensation.
Examples of material breach granting the worker the right to immediate termination under Article 85: repeated wage payment delays exceeding a month, materially changing the geographic work location without the worker's consent, or documented harassment or abuse from management without addressing despite reporting it.
Applying these articles sometimes relates to the Wage Protection System monitoring regular salary payment through banks; an employer's delay registered in this system automatically constitutes documented evidence supporting the worker's case under Article 85 without needing complex additional proof.
We help workers and employers understand their precise legal position under these articles, and represent them before the labor court in a way that protects their full rights.
We help you precisely understand your position within these articles, whether you're seeking your right as a worker or need sound legal protection as an employer.
Basic employment contract details are registered through the Qiwa platform, and any conflict between what's officially registered and what's actually agreed between the parties may create complications in any later dispute. We always recommend matching data registered in Qiwa with the actual contract details to avoid any future ambiguity.
If either party is unconvinced by the first-instance labor court's ruling regarding applying these articles, they have the right to appeal before the competent appeals court within a statutorily defined deadline, with a documented appeal memorandum required, supported by regulatory and factual grounds.
Understanding these distinctions early prevents costly missteps for both workers and employers navigating termination decisions.
If either party isn't satisfied with the first-instance labor court's ruling regarding applying these articles, they have the right to appeal before the competent appeals court within a statutorily defined deadline, with the necessity of submitting a documented appeal memorandum with statutory and factual grounds.
No, this content is for general awareness only and doesn't replace direct legal consultation for your specific situation.
Duration varies with case complexity and parties' cooperation, and we give you a realistic estimate after reviewing your file details in a free initial consultation.
Yes, the initial consultation is always free over WhatsApp, and we give you a clear assessment of your legal position within hours.
No, these articles are part of public order law that cannot be agreed to violate through a contractual condition reducing the worker's statutorily established rights.
No, domestic workers are subject to a separate special regulation apart from the general Labor Law, with different termination and dues provisions.
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