Unlawful Termination – Know Your Rights under Saudi Labor Law
If your employment contract was terminated without a valid reason or proper legal procedure, this may be considered unlawful termination. It occurs when an employer ends an employment contract in violation of Articles (74) and (80) of the Saudi Labor Law.
When is Termination Considered Unlawful?
- If the termination violates Article (80), which defines lawful dismissal cases without severance or compensation.
- If the termination violates Article (74), which lists the lawful cases of contract termination.
Examples of unlawful termination include:
- Dismissing the employee without investigation or written notice.
- Terminating the contract during annual or sick leave.
- Terminating the employee for filing a legitimate complaint or claim.
- Ending the contract for personal or retaliatory reasons unrelated to work.
Employee Rights in Case of Unlawful Termination
- For indefinite contracts: compensation equals 15 days’ wage for each year of service.
- For fixed-term contracts: compensation equals wages for the remaining contract period.
- In all cases, the employee is entitled to: full end-of-service benefits, unused leave pay, and any outstanding wages.
Steps to Claim Your Rights
- Submit a complaint via the Qiwa platform to initiate amicable settlement procedures with the Ministry of Human Resources and Social Development.
- Attend the settlement sessions to attempt a fair resolution with the employer.
- If no settlement is reached, file a labor case via the Najiz platform within 12 months from the end of the employment relationship (Article 234).
Common Mistakes After Termination
- Delaying the filing of the complaint beyond the legal deadline.
- Losing documents or messages that prove employment or termination.
- Signing a final clearance without understanding its implications.
How Abahussain & Alkhuraif Law Firm Can Help
The firm provides a comprehensive legal assessment of the employee’s situation, reviews the legitimacy of the termination under Saudi Labor Law, and offers tailored legal advice before filing a claim.
Contact Form
Provide your information below for a confidential case evaluation:
- Full Name
- Former Employer
- Service Duration
- Reason for Termination (as stated in the notice)
- Did you receive your last wages?
Submit & Get Your Case Evaluated
Frequently Asked Questions
Q: Can my employer dismiss me without notice?
A: No, there must be a legitimate reason for dismissal, and the employer must follow the proper procedure outlined in Article (80).
Q: What is the time limit for filing a labor case?
A: The case must be filed within 12 months from the end of employment; otherwise, it will not be heard.
Q: What should I do if my employer refuses to pay my dues after termination?
A: File a complaint through Qiwa, then submit your case via Najiz if the dispute remains unresolved.
Conclusion
Unlawful termination does not mean the end of your rights—it’s the beginning of your legal claim. Saudi Labor Law protects employees against unfair dismissal; the key is to act quickly and keep proper documentation.