Article 8 of the Saudi Labor Law
المادة 8 من نظام العمل · الفصل الأول: التعريفات
Article 8 voids any term that contravenes the Labor Law, and any release or settlement of the worker's legal rights during the contract unless it is more beneficial to the worker.
Official text (Arabic)
This article has not been amended since the law was issued.
يبطل كل شرط يخالف أحكام هذا النظام، ويبطل كل إبراء أو مصالحة عن الحقوق الناشئة للعامل بموجب هذا النظام أثناء سريان عقد العمل، ما لم يكن أكثر فائدة للعامل.
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 8 explained in plain English
Article 8 sets a basic rule that protects the worker: the provisions of the Labor Law are a minimum that may not be waived by agreement. The article contains two related rules:
- A term contrary to the law is void: any term included in an employment contract or in any agreement or instructions issued by the employer that contravenes what the law provides is void and cannot be invoked against the worker, even if he signed it willingly.
- A release or settlement during the contract is void: if the worker signs during his employment a document in which he waives one of his rights arising under the law, or settles part of them, that release or settlement is void.
The article excepts from voidness the case where the term or agreement is more beneficial to the worker; the law does not prevent the worker from getting more than the minimum it sets, it prevents him from getting less.
Note that the text limits the voidness of release and settlement to those made during the term of the employment contract, because at this stage the worker may be in a weaker position that pushes him to waive. Settlements made after the contractual relationship ends are not addressed by the text of this article, and a person facing this situation may need to consult a lawyer who specializes in labor cases.
How is this article linked to those around it?
- The rule is applied to those who are subject to the law in the first place; as for the categories excluded in Article 7 (such as domestic workers and agricultural workers), their rights are regulated by special regulations the Minister issues.
- It is complemented by Article 9, which requires the use of Arabic in employment contracts and instructions and makes the Arabic text the one relied on where there is a foreign text, so a term contrary to the law cannot be slipped through in a language the worker does not understand.
In practice, this means that a worker who signed a term or waiver contrary to the law keeps his right to claim it, because the voidness falls on the term and not on the contract itself.
Practical example
Ahmed works at a company in Riyadh under a contract in force. The company's management asked him to sign a statement waiving some of the rights the Labor Law gives him in return for staying in his job, and he signed for fear of losing his work. Under Article 8, this statement is void because it is a release of rights arising under the law made during the term of the contract and is not more beneficial to him, and Ahmed keeps the right to claim those rights. By contrast, if his contract contained a term giving him benefits exceeding what the law provides, that term is valid because it is more beneficial to the worker.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 8 of Labor Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Labour & Employment Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Labour & Employment Law lawyers
Lawyers who handle this kind of case
شركة امتداد النظام للمحاماة والاستشارات المهنية
- Labour & Employment Law
- Criminal Law
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributorFrequently asked questions about Article 8 of the Saudi Labor Law
May an employer include a term in the contract that contravenes the Labor Law if the worker agrees to it?
No. Article 8 voids any term that contravenes the provisions of the law regardless of the worker's agreement, unless the term is more beneficial to the worker.
What is the ruling on a waiver the worker signs of his rights during his work?
Any release or settlement of the rights arising for the worker under the law is void if made during the term of the employment contract, unless it is more beneficial to the worker.
Is the whole employment contract void if it contains a term that contravenes the law?
The text provides for the voidness of the contravening term itself and does not provide for voidness of the whole contract, so the worker keeps his legal rights despite the void term.
Is it permitted to agree on terms better for the worker than those in the law?
Yes. Article 8 expressly excepts what is more beneficial to the worker; the law is a minimum, and agreement on more than it for the worker's benefit is permitted.
More articles on Definitions and General Provisions of the Labor Law
- Article 1
Article 1 gives this law its official name, the "Labor Law", the name used in contracts, decisions and all other articles of the law.
يسمى هذا النظام نظام العمل.
- Article 2Amended by M/44
Article 2 defines the terms used in the Labor Law, such as worker, employer, basic and actual wage, continuous service, types of work, secondment and resignation.
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني المبينة أمامها ما لم يقتض السياق خلاف ذلك: الوزارة: وزارة العمل. الوزير: وزير العمل. مكتب العم
- Article 3Amended (1440 AH)
The article provides that work is a right of the citizen, that others may not practice it except on the law's conditions, and that citizens are equal in the right to work without discrimination based on sex, disability, age or otherwise.
العمل حق للمواطن، لا يجوز لغيره ممارسته إلا بعد توافر الشروط المنصوص عليها في هذا النظام، والمواطنون متساوون في حق العمل دون أي تمييز على أساس الجنس أو الإعاقة
- Article 4
Article 4 requires the employer and the worker alike to observe the provisions of Islamic Sharia in everything relating to the application of the Labor Law.
يجب على صاحب العمل والعامل عند تطبيق أحكام هذا النظام الالتزام بمقتضيات أحكام الشريعة الإسلامية.
- Article 5Amended (1436 AH)
Article 5 sets the scope of the Labor Law: every paid employment contract under an employer's management, government and public-body workers, charity workers, training contracts, and part-time workers within set limits.
تسري أحكام هذا النظام على الآتي : 1 - كل عقد عمل يلتزم بمقتضاه أي شخص بالعمل لمصلحة صاحب عمل وتحت إدارته أو إشرافه؛ مقابل أجر. 2 - عمال الحكومة والهيئات والمؤسس
- Article 6
Article 6 sets the provisions that apply to the casual, seasonal and temporary worker: duties, discipline, working hours, rest, overtime, official holidays, safety, work injuries and what the Minister decides.
تسري على العامل العرضي والموسمي والمؤقت الأحكام الخاصة بالواجبات وقواعد التأديب، والحد الأقصى لساعات العمل، وفترات الراحة اليومية والراحة الأسبوعية، والتشغيل ال
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.