Article 157 of the Saudi Labor Law
المادة 157 من نظام العمل · الباب التاسع: تشغيل النساء
A woman worker's rights under the part on women's employment lapse if she works for another employer during her authorized leave, and the employer may deny her leave pay or recover it.
Official text (Arabic)
This article has not been amended since the law was issued.
يسقط حق العاملة فيما تستحقه وفقًا لأحكام هذا الباب إذا عملت لدى صاحب عمل آخر أثناء مدة إجازتها المصرح بها، ولصاحب العمل الأصلي- في هذه الحالة- أن يحرمها من أجرها عن مدة الإجازة، أو أن يسترد ما أداه لها.
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 157 explained in plain English
Article 157 of the Labor Law places a restriction on the woman worker during the leaves Part Nine (the employment of women) grants her, including maternity leave. The purpose of these leaves is the worker's rest and health care, not that their period be used to work for another party. The Law therefore provides that the worker's right to what she is entitled to under this Part lapses if she works for another employer during the period of authorized leave.
Conditions for applying the article:
- The worker must be on leave authorized by the employer under the provisions of Part Nine.
- She must work during this period for another employer; the text speaks specifically of working for another party, and this must be established, not merely suspected.
What follows: the text gives the original employer two options, depending on the case:
- Denying the worker her pay for the leave period if it has not yet paid it.
- Recovering what it paid her as wages for this period if it has actually paid it.
Note that the text makes this a right of the employer, meaning it is permitted to do so, not obliged. The effect is also limited to what the worker is entitled to under this Part and to pay for the leave period; the text does not speak of terminating the contract or any other penalty. A woman worker who believes the denial or recovery was applied to her without justification may turn to the bodies competent to settle labor disputes, and it is advisable to consult a labor lawyer in a dispute.
It is followed by Article 158, which moves to a different obligation on the employer, namely providing seats for women to rest in all workplaces and occupations. Part Nine thus combines protecting the woman worker with setting limits on the use of what that protection gives her.
Practical example
Noura works at a company in Jeddah and took the maternity leave provided in Part Nine of the Labor Law, and the company paid her wages for the leave period. During the leave, Noura accepted work with another company on a temporary contract. When the original company learns of this, it is entitled under Article 157 to recover what it paid Noura as wages for the leave period; had it not yet paid the wages, it could have denied them to her. But if Noura had spent her leave without working for any other party, this article would not apply to her and her rights would remain intact.
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 157 of the Saudi Labor Law
Can an employer dismiss a woman worker if she works for someone else during maternity leave?
Article 157 does not speak of dismissal. It is limited to the lapse of what the worker is entitled to under Part Nine, and to the employer's right to deny her pay for the leave period or recover what it paid her.
What if the employer has already paid the leave pay?
In this case the text permits the employer to recover what it paid the worker as wages for the leave period during which she worked for another employer.
Is the employer obliged to deny the worker her pay in this case?
No. The text gives the employer the right to deny or recover on a permissive basis, meaning it may take this step without being obliged to.
Does the article apply to a worker who works for herself during leave?
The text expressly speaks of working for another employer and does not address other cases; if there is a dispute about whether the article applies, the competent authority decides, and consulting a labor lawyer is advised.
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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.