Article 10 of the Saudi Labor Law

Article 10 sets a general rule that is simple but influential: every period or date in the Labor Law is calculated by the Hijri calendar. This is the default that applies automatically unless something else is agreed.

This article comes within Chapter One (definitions and general provisions), meaning that it applies to the whole law, so any period the law states in days, months or years is read as Hijri by default.

The exception: the article allows departing from this default in two cases only:

• If the employment contract provides for calculating periods by another calendar (such as the Gregorian calendar).
• If the establishment's work organization regulation provides so.

Accordingly, if the contract and regulation are silent on this matter, the Hijri calendar applies without needing any special agreement.

Why does this matter in practice? Because the Hijri year is shorter than the Gregorian year, a difference in the calendar adopted may change the date a period ends or the date something falls due, and may result in a difference in calculation where periods are long. Workers and employers are therefore advised to check whether the contract or regulation contains an express provision on the calendar.

Its relationship to neighboring articles:

• Article 9 provides that Arabic is the language that must be used in employment contracts and regulations, and that the Arabic text is the one relied on where there is a translation; so any term relating to the calendar is to be checked in its Arabic wording in the contract or regulation.
• Article 11 requires the person to whom a part of the employer's original work is entrusted to give his workers the same rights and benefits, which makes the method of calculating periods something that should be clear in the contracts and regulations of both parties.

If a dispute arises over how to calculate a particular period in a particular case, it is appropriate to consult a lawyer who specializes in labor cases.