Article 118 of the Saudi Labor Law
المادة 118 من نظام العمل · الباب السادس: شروط العمل وظروفه
Article 118 bars a worker from working for another employer during their leaves, and allows the employer, once the violation is proven, to deprive the worker of leave pay or recover it.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز للعامل أثناء تمتعه بأي من إجازاته المنصوص عليها في هذا الفصل أن يعمل لدى صاحب عمل آخر، فإذا أثبت صاحب العمل أن العامل قد خالف ذلك فله أن يحرمه من أجره عن مدة الإجازة أو يسترد ما سبق أن أداه إليه من ذلك الأجر.
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 118 explained in plain English
Article 118 of the Labor Law sets a clear rule: a worker may not work for another employer while enjoying any of the leaves provided in this chapter, including the sick leave provided in Article 117. Leave is granted to the worker for a specific purpose such as rest or recovery, and the employer bears its pay in whole or in part, so it should not turn into an opportunity to work for another party.
What happens on violation? The article gave the employer a choice between two things:
- Depriving the worker of their wage for the period of the leave if it has not yet been paid to them.
- Recovering what it previously paid them of the pay for that leave if it was actually paid.
Several important points can be noted about this article:
- The burden of proof is on the employer; the text requires the employer to "prove" that the worker violated the prohibition, and mere suspicion or allegation is not enough.
- The penalty is limited to leave pay; the article provides no other penalty, and anything relating to other effects is subject to other provisions of the law and to the assessment of the competent authority, and this article did not address it.
- The prohibition covers any leave in this chapter, but the financial effect appears in practice in paid leaves, such as the first thirty days of sick leave at full pay and the following sixty days at three quarters of pay under Article 117.
As for Article 119, it deals with a different subject relating to full-time workers whose hours are temporarily reduced, and has no connection with this prohibition.
If a worker faces a deduction from their pay or a claim for recovery based on this article, or an employer needs to know what counts as sufficient proof of the violation, it is appropriate to consult a lawyer who specializes in labor cases to assess the situation according to its circumstances.
Practical example
Ahmed, an employee of a company in Riyadh, obtained sick leave of 20 days at full pay after submitting a medical report. During this period the company discovered that he was working daily at a store owned by another employer, and it obtained proof of this. Here, relying on Article 118, the company is entitled to deprive him of pay for the twenty days if it has not yet been paid, or to recover what it paid him for those days if it was paid, because he violated the prohibition on working for others during 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 118 of the Saudi Labor Law
Can a worker work in another job during their leave?
No. Article 118 bars a worker from working for another employer while enjoying any of the leaves provided in this chapter of the Labor Law.
What is the penalty if a worker works for another party during leave?
If the employer proves the violation, it may deprive the worker of their wage for the period of the leave, or recover what it previously paid them of that wage.
Can an employer deduct from pay on mere suspicion that the worker works for someone else?
No. The article requires the employer to prove that the worker actually violated the prohibition before it uses its right to deprive them of pay or recover it.
Does the prohibition cover sick leave?
Yes. The sick leave provided in Article 117 is among the leaves provided in this chapter, and the prohibition on working for another employer applies to it.
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.