Article 102 of the Saudi Labor Law
المادة 102 من نظام العمل · الباب السادس: شروط العمل وظروفه
Article 102 provides that rest, prayer and meal periods are not counted as actual working hours, the worker is not under the employer's authority during them, and cannot be required to stay at the workplace.
Official text (Arabic)
This article has not been amended since the law was issued.
لا تدخل الفترات المخصصة للراحة والصلاة والطعام ضمن ساعات العمل الفعلية، ولا يكون العامل خلال هذه الفترات تحت سلطة صاحب العمل، ولا يجوز لصاحب العمل أن يلزم العامل بالبقاء خلالها في مكان العمل.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 102 explained in plain English
Article 102 of the Labor Law defines the legal nature of the rest, prayer and meal periods a worker receives during the working day, and sets 3 interrelated rules:
- They are not counted as actual working hours: that is, the time set aside for rest, prayer or food does not enter into the calculation of the hours the worker actually works, and is separated from them when calculating the daily working time.
- The worker is not under the employer's authority: during these periods the employer has no power to direct the worker or assign work, as they are free time for the worker.
- The worker may not be required to stay at the workplace: the worker may leave the work site during the rest period if they wish, and the employer has no right to force them to remain.
This article complements what appears in Article 101, which requires working hours to be organized so that a worker does not work more than 5 consecutive hours without a period for rest, prayer and food of not less than half an hour at a time, and so that the worker does not stay at the workplace more than 12 hours in a single day. Article 101 sets alone when the minimum rest period is granted, and Article 102 clarifies its effect: it is time for the worker, not for the employer.
The exception is regulated by Article 103, under which the Minister may specify by decision the cases and kinds of work in which work must continue without a rest period for technical reasons or because of operating conditions. Even in these cases, the worker's right to rest does not lapse; rather, the employer must give them a period for prayer, food and rest in a manner organized by the establishment's management during work.
In practice, if a worker is asked to remain at their post or perform tasks during the rest period, outside the cases the Minister specifies, that violates this article, and in such cases it is advisable to consult a lawyer who specializes in labor cases to assess the situation.
Practical example
Ahmed works at a factory in the Eastern Province from 8 a.m. to 5 p.m., and his day includes a one-hour rest period for prayer and lunch. His supervisor asked him to stay inside the factory during this hour in case of any emergency, and treated his actual working hours administratively as 9 hours. Under Article 102, the rest hour is not counted as actual working hours, so they are only 8 hours, and the supervisor may not require Ahmed to stay in the factory during it. He may go out to eat and pray outside the site and return at the set time, unless his work is among the work the Minister has specified under Article 103.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Active contributorFrequently asked questions about Article 102 of the Saudi Labor Law
Are lunch or prayer breaks counted as working hours?
No. Article 102 expressly provides that the periods set aside for rest, prayer and food are not part of actual working hours.
Can an employer stop a worker from leaving the workplace during a rest period?
No. Article 102 prevents the employer from requiring the worker to stay at the workplace during rest, prayer and meal periods, and the worker is not under its authority during them.
How long is the rest period a worker is entitled to during the day?
Under Article 101, a worker may not work more than 5 consecutive hours without a period for rest, prayer and food of not less than half an hour at a time, and may not stay at the workplace more than 12 hours in a day.
Is there any work in which work continues without a rest period?
Yes. Article 103 permits the Minister to specify by decision the cases and kinds of work in which work must continue without a rest period for technical reasons or because of operating conditions, and the employer must then give a period for prayer, food and rest in a manner organized by the establishment's management during work.
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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.