Article 116 of the Saudi Labor Law
المادة 116 من نظام العمل · الباب السادس: شروط العمل وظروفه
Article 116 allows a worker to take unpaid leave with the employer's consent, for a period they agree on, with the contract considered suspended for any period beyond 20 days unless they agree otherwise.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز للعامل بموافقة صاحب العمل الحصول على إجازة دون أجر، يتفق الطرفان على تحديد مدتها، ويعد عقد العمل موقوفًا خلال مدة الإجازة فيما زاد على عشرين يومًا، ما لم يتفق الطرفان على خلاف ذلك.
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 116 explained in plain English
Article 116 of the Labor Law regulates what is known as unpaid leave (exceptional leave), leave during which the worker receives no wage but which preserves their relationship with the employer without their contract ending.
The main points the article provides:
- It is not an absolute right of the worker: obtaining it is conditional on the employer's consent, so a worker cannot be absent on the pretext of unpaid leave if the employer has not agreed.
- Its length is by agreement: the law set no minimum or maximum for it, leaving the length to the agreement of the parties, and it is advisable for the agreement to be in writing to avoid disputes.
- Suspension of the contract after 20 days: if the length of the leave exceeds 20 days, the employment contract is considered suspended for the part beyond this period, meaning the contract does not end, but its effects stop during the period of suspension. As for the first twenty days, the contract is not considered suspended during them.
- The parties may agree otherwise: the parties may agree that the contract is not suspended even if the leave exceeds 20 days, or on a different arrangement, and what they agree on is what applies.
This leave differs from the cases in which the law itself imposes unpaid leave, such as what appears in Article 115 on examination leave for a repeated year or where it cannot be deducted from annual leave, and what appears in Article 117 on the last thirty days of sick leave, which are without pay; in those cases the worker relies on the text of the law, whereas the leave in Article 116 rests on the agreement of the parties alone.
The article does not detail the effects of the suspension on the worker's other entitlements, so the worker and the employer are advised to document clearly what they agree on, and to consult a labor lawyer if there is a dispute over the effect of the period of suspension.
Practical example
Ahmed works for a company in Riyadh and needed to travel to accompany his father on a treatment trip lasting about 45 days, after he had used up his annual leave balance. Ahmed applied for unpaid leave, the company agreed, and the parties agreed in writing that the period would be 45 days. Under Article 116, Ahmed's contract remains in place throughout the period, but it is considered suspended for the twenty-five days beyond the first twenty, unless the company and Ahmed agreed in the leave request that the contract would not be suspended. Had the company refused the request in the first place, Ahmed could not rely on this article to take the leave.
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 116 of the Saudi Labor Law
Is a worker entitled to unpaid leave without the employer's consent?
No. Article 116 expressly requires the employer's consent, and the length of the leave is set by agreement of the parties.
What is the maximum length of unpaid leave under the Saudi Labor Law?
Article 116 sets no maximum or minimum; it leaves the length to the agreement of the worker and the employer.
When is the employment contract considered suspended during unpaid leave?
The contract is considered suspended for the part beyond 20 days of the leave, unless the parties agree otherwise; during the first twenty days the contract is not suspended.
Does a worker's service end because of unpaid leave?
No. The article provides that the contract is considered suspended, not ended, meaning the contractual relationship remains and its effects resume when the leave ends.
More articles on Leave
- Article 49
Article 49 applies the Labor Law provisions on leave, holidays, working hours, rest periods, occupational safety and work injuries to the trainee and the person undergoing qualification.
تسري على عقد التأهيل والتدريب الأحكام الواردة في هذا النظام، الخاصة بالإجازات السنوية والعطلات الرسمية، والحد الأقصى لساعات العمل، وفترات الراحة اليومية والراحة
- Article 82
Article 82 bars an employer from ending a worker's service because of illness before the statutory sick leave periods are used up, and lets the worker ask to add annual leave to sick leave.
لا يجوز لصاحب العمل إنهاء خدمة العامل بسبب المرض، قبل استنفاذه المدد المحددة للإجازة المنصوص عليها في هذا النظام، وللعامل الحق في أن يطلب وصل إجازته السنوية بال
- Article 109
Article 109 gives a worker paid annual leave, paid in advance, of at least 21 days, rising to 30 days after 5 continuous years, and bars waiving it or replacing it with money during service.
1- يستحق العامل عن كل عام إجازة سنوية لا تقل مدتها عن واحد وعشرين يومًا، تُزاد إلى مدة لا تقل عن ثلاثين يومًا إذا أمضى العامل في خدمة صاحب العمل خمس سنوات متصلة
- Article 110
Article 110 allows annual leave, or part of it, to be postponed to the next year with the employer's consent, lets the employer postpone it for 90 days for work reasons, then longer only with the worker's written consent, up to the end of the next year.
1- للعامل بموافقة صاحب العمل أن يؤجل إجازته السنوية أو أيامًا منها إلى السنة التالية. 2 - لصاحب العمل حق تأجيل إجازة العامل بعد نهاية سنة استحقاقها إذا اقتضت ظر
- Article 111
Article 111 gives a worker who leaves work the right to pay for the days of earned annual leave not used, with parts of a year counted in proportion to the time actually worked.
للعامل الحق في الحصول على أجرة عن أيام الإجازة المستحقة إذا ترك العمل قبل استعماله لها، وذلك بالنسبة إلى المدة التي لم يحصل على إجازته عنها، كما يستحق أجرة الإج
- Article 112
Article 112 gives every worker the right to leave with full pay on the holidays and occasions set by the Implementing Regulations of the Labor Law.
لكل عامل الحق في إجازة بأجر كامل في الأعياد والمناسبات التي تحددها اللائحة.
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.