An insight into Article 80 of Saudi Labor Law: Termination with zero benefits
When you start working in a foreign country, it is important that you know about how its labor laws work. You have to understand them and give them a correct interpretation to avoid problems and be able to comply with them. In Saudi Arabia, it is very important that you understand article 80 of Saudi labor law. This article can be said to be reciprocal with article 81, so by understanding this you master the other one as well.
In this article, you will see all the information you need about labor laws in Saudi Arabia. The first thing will be to introduce you to some terms that are important for you to understand. Thus, when you read the Saudi new rules 2017, you have no confusion. In addition, we will show you what article 80 and, in turn, article 81 consist of. Specifically, we will discuss.
- What are the most important terms you need to know to understand these laws?
- Article 80 Saudi labour law
- What does article 81 say?
- Connect legal offers you online legal advice
1. What are the most important terms you need to know to understand these laws?
Before talking about article 80 of Saudi labor law, certain terms will appear that you should know to understand. This refers to article 1 of the Saudi labor law 2020 pdf that you can find online. Something important to detail is that these documents are originally written in Arabic. But, you can get the Saudi new rules 2017 in English. Below you will see some of these.
If you come across the word “ministry” in your reading, they are talking about the Ministry of Labor.
Reading you will surely also see the word “minister” this is to refer to the Minister of labor.
1.3 Work Office
When you read “work office” this also has a particular meaning. This refers to the administrative authority that handles all work matters. But, exclusively from a specified area designated by the Minister.
It is the person in charge who is in charge of hiring employees in exchange for a fair salary. It can be a natural or legal person.
They are all those people who work in human activities complying with a labor contract. They are under the supervision of the employer and receive a salary in exchange for their effort.
They are people who are older than or equal to fifteen years, but less than eighteen years.
It refers to the activities carried out by workers to comply with the obligations established in the contract. This unlimited contract or any other does not necessarily have to be written. These work activities may belong to different sectors. For instance, commercial, industrial, agricultural and more.
1.8 Basic wage
This is the salary that is given to workers in exchange for their work, following the labor contract. This can be written or not. It is important to note that it must be granted regardless of the type of work or form of payment. This includes the increases that are made over time.
1.9 Actual wage
This refers to the base salary plus other benefits that are granted to employees in compensation for their effort. And not only is your effort, but it is also compensation for the risks you may suffer due to your work performance. These must be established in the employment contract or the regulations established by the company. For instance, a percentage for sales commissions, paid utilities, salary increases intended to cover personal expenses, and more.
1.10 Continuos service
It is when the employee is fulfilling his work for the employer without interruption. This includes when the worker works on holidays or holidays and vacations. In addition, it also takes into account that the schedule is maintained on the days that he must present himself for medical examinations; by the provisions of the labor law of Saudi Arabia.
2. Article 80 Saudi labor law(Labour Laws In Saudi Arabia)
Article 80 of Saudi labor law contemplates 9 special scenarios. For these scenarios, the employer will be able to fire a worker without having to pay end-of-service benefits. However, if the employee still has unpaid wages, he or she is entitled to be paid. Employers should know about this article to know the entire legal scope of these cases.
It is important to note that dismissal based on Article 80 of Saudi labor law must meet a condition. This condition is that the employee has been able to have a fair opportunity to explain the reasons for opposing the dismissal. Next, you will see the 9 scenarios contemplated in Article 80 of Saudi labor law:
2.1 The worker assaults the employer
If the worker assaults the employer or another representative in any way during work. Also, this aggression may be due to work. If any of the aforementioned cases occur, the employer can fire you using article 80.
2.2 If the employee does not comply with the functions entrusted to him
When the employee does not fulfill his duties, the employer has the right to terminate the contract. All this process can be carried out based on article 80. Here, if the employee does not comply with the following, they can be fired:
- Perform all your essential obligations.
- Follow all legitimate orders.
- You must follow all safety instructions.
2.3 If the employee has bad behavior
If the employee misbehaves, is dishonest, or commits repeated violations, he or she may be fired by the employer. In this case, the employer must not pay any notice period based on the provisions of article 80.
2.4 If the employee intentionally makes a mistake
If the employee makes a mistake with the intent to harm the employer, the contract can be terminated. In this case, no benefit will be received according to what is established in article 80. It is important to note that the employer must inform the relevant authorities of the act. Also, this must be done within a 24-hour window.
2.5 Verify that there was falsification of documents
The employee may be dismissed without having any benefits as established in article 80. This will happen if it is proven that the employee is involved in falsifying his documents.
2.6 During the trial period
If the employee is under the probationary period, he can be fired based on the provisions of article 80. Likewise, he will not receive any type of benefits as established in the article.
2.7 If the employee is absent from work for a long time
The employer has the power to fire an employee without any benefits based on section 80. This can happen if the employer is absent from work in the following ways.
- If the employee is absent for at least 30 days in a single year. In addition, the employer has sent the employee a written warning after 20 days have elapsed.
- If the employee is absent for 15 consecutive days. In addition, the employer has sent the employee a written warning after 10 days have elapsed.
2.8 That the employee has improperly received benefits
This happens when an employee has taken advantage of his job to receive some personal benefit. If this happens, the employer can fire you without granting you any benefits based on the provisions of article 80.
2.9 If a breach of confidentiality is made
If the employee discloses labor, industrial or commercial secrets to a third party who should not know this information. In this situation, the employer can dismiss you without granting you any benefits based on the provisions of article 80.
It is important to note that the public prosecution of Saudi Arabia has outlined that revealing confidential information will be punished. This penalty could be 20 years in jail plus a fine of SR 1 million.
Both employers and employees must be fully aware of this article. In this way, they can know the different ways that this article works and how they can avoid legal problems. However, it is necessary to have Legal advice to avoid making mistakes and not cause problems due to ignorance of certain things.
3. What does article 81 say?
Since you know the Saudi labor law article 80, it is good that you have details about article 80. This indeed is reciprocal, but it refers to the Saudi labor law termination of a contract by an employee. There are seven paragraphs that you will see in detail below.
3.1 Article 81, paragraph 1
Every employee has the right to resign without prior notice; as long as your boss fails to fulfill a significant contractual obligation. For instance, stop paying salaries or take away a lqama from the employee. On the other hand, it is relevant to highlight that if this happens, the employees without the permission of Kafeel, transfer the sponsorship.
3.2 Article 81, paragraph 2
Employees can dispense with their employment contract if the employer commits any fraud. This fraud has to be related to conditions and situations at work. In addition, the worker has the possibility of leaving the company during the trial period.
3.3 Article 81, paragraph 3
The employer cannot force any employee to fulfill functions that are far from their own. For example, an administrator who works as a janitor. In this case, the resignation without prior notice from the worker is valid. However, if the other obligation that the employer imposes is not so far removed from your profession, there is no problem. For instance, an administrator who works as an accountant.
3.4 Article 81, paragraph 4
If the employee or his family is subjected to aggressive or immoral acts at work, by the employer; It is your right to stop working in the company and not give prior notice when leaving.
3.5 Article 81, paragraph 5
Employers must treat their employees with respect and justice. If, on the contrary, a worker suffers unfair acts from his boss or is told insults and cruelties; you can resign without notice to the company.
3.6 Article 81, paragraph 6
Every workplace must be in optimal conditions for its employees. Employers must be aware of any failure or bad situation in the infrastructure and fix them. If, on the contrary, the company represents a danger to the safety or health of the workers; and you have received various repair requests and have not complied, employees can resign without notice.
3.7 Article 81, paragraph 7
This deals with a fairly common offense and gives employees the automatic right to resign without notice. That is, the head of the company forces the worker to dispense with his contract due to mistreatment or violation of the document. For instance, the employer forces his work to leave the job position.
4. Connect legal offers you online legal advice
As you can see, it is important to be aware of all these articles belonging to the new Saudi labor law 2017. This is because you have to be aware of what your duties are and, in turn, your rights. A good recommendation is that you search the internet for a Saudi labor law pdf 2017 document. Generally, when reading these things, it always happens that there are certain difficult things to understand. For these situations, Connect Legal offers you online legal advice.
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