Article 87 of the Saudi Labor Law
المادة 87 من نظام العمل · الباب الخامس: علاقات العمل
Article 87 grants the full end-of-service award to a worker who leaves because of force majeure, and to a female worker who ends her contract within 6 months of marriage or 3 months of childbirth.
Official text (Arabic)
This article has not been amended since the law was issued.
استثناءً مما ورد في المادة الخامسة والثمانين من هذا النظام تستحق المكافأة كاملة في حالة ترك العامل العمل نتيجة لقوة قاهرة خارجة عن إرادته، كما تستحقها العاملة إذا أنهت العقد خلال ستة أشهر من تاريخ عقد زواجها أو ثلاثة أشهر من تاريخ وضعها.
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 87 explained in plain English
The rule in Article 85 of the Labor Law is that a worker who resigns does not receive the full end-of-service award unless their service reaches 10 years or more; they receive one third if their service is between two and five years, and two thirds if it exceeds 5 years but is less than 10. Article 87 sets an express exception to this rule in three cases in which the worker is entitled to the full award even though it was the worker who ended the contract:
- Force majeure: if the worker leaves work because of a compelling circumstance beyond their control, they are not treated as a resigning worker and their award is not reduced according to the length of their service.
- A female worker's marriage: if the female worker ends her contract within 6 months of the date of her marriage contract.
- A female worker's childbirth: if the female worker ends her contract within 3 months of the date she gives birth.
Note that the second and third cases apply to female workers only, and that the periods stated (6 months and 3 months) are fixed time limits; if the female worker ends the contract after they have passed, the general rule in Article 85 applies again. The force majeure case covers any worker; the text gives no examples of it, so whether it exists is left to be assessed in each case according to its circumstances.
As for implementation, the award is calculated on the wage under the general provisions, taking into account what Article 86 permits, namely an agreement to exclude commissions and variable percentages from the wage on which the award is settled. Since it is the worker who ended the contract in these cases, Article 88 requires the employer to settle all of the worker's rights within no more than two weeks of the end of the relationship, with the right to deduct any debt owed to it because of the work.
If the employer disputes that force majeure exists or how the periods are calculated, it is advisable to consult a lawyer who specializes in labor cases before taking any step.
Practical example
Noura has worked for a company in Riyadh for 4 years. She entered into her marriage contract on March 10 and decided to end her employment contract on July 20 of the same year, about 4 months after the date of the marriage contract. Under Article 85 alone, she would be entitled to only one third of the award because her service is between two and five years, but because she ended the contract within 6 months of her marriage, she is entitled under Article 87 to the full end-of-service award for her four years of service, and the company must settle her rights within two weeks at most under Article 88.
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 87 of the Saudi Labor Law
Is a female worker entitled to the full end-of-service award if she resigns because of marriage?
Yes. If the female worker ends the contract within 6 months of the date of her marriage contract, she is entitled to the full award under Article 87, as an exception to the general rule in Article 85, which reduces a resigning worker's award according to length of service.
How long after childbirth can a female worker end her contract and still receive the full award?
Article 87 sets this period at three months from the date of childbirth. If the female worker ends her contract within it, she is entitled to the full award.
Is a worker entitled to the full award if they leave work because of force majeure?
Yes. Article 87 provides that a worker who leaves work because of a compelling circumstance beyond their control is entitled to the full award, and the reduction proportions in Article 85 do not apply to them.
When must the employer pay the award in these cases?
Since it is the worker who ended the contract, Article 88 requires the employer to settle all of the worker's rights within no more than two weeks from the date the contractual relationship ends.
Articles this article refers to
More articles on End-of-Service Award
- Article 54Amended (1436 AH)
Article 54 prevents placing a worker on probation more than once with the same employer except on conditions, and provides that ending the contract during probation gives rise to no compensation or end-of-service award.
لا يجوز وضع العامل تحت التجربة أكثر من مرة واحدة لدى صاحب عمل واحد. واستثناء من ذلك يجوز باتفاق طرفي العقد - كتابة - إخضاع العامل لفترة تجربة أخرى بشرط أن تكون
- Article 56
Article 56 provides that the term to which a fixed-term contract is renewed is treated as an extension of the original term when calculating the worker's rights linked to length of service.
في جميع الحالات التي يتجدد فيها العقد لمدة محددة، تعد المدة التي تجدد إليها العقد امتدادًا للمدة الأصلية في تحديد حقوق العامل التي تدخل مدة الخدمة في حسابها.
- Article 64Amended (1436 AH)
Article 64 requires the employer, on the end of the contract, to give the worker a free service certificate free of anything harmful to them, and to return all certificates and documents they deposited with it.
يلتزم صاحب العمل عند انتهاء عقد العمل بما يأتي : 1 - أن يعطي العامل – بناءً على طلبه – شهادة خدمة دون مقابل، يوضح فيها تاريخ التحاقه بالعمل، وتاريخ انتهاء علاقت
- Article 79 bisAmended by M/44
Article 79 bis regulates resignation: it is deemed accepted after 30 days without a reply, acceptance may be deferred up to 60 days by written explanation, and the worker may withdraw it within 7 days.
1- يُعد طلب الاستقالة المقدم مقبولاً إذا مضى على تقديمه (ثلاثون) يوماً دون ردٍّ من صاحب العمل. ولصاحب العمل تأجيل قبول طلب الاستقالة مدة لا تزيد على (ستين) يوما
- Article 84
Article 84 requires the employer to pay the worker an end-of-service award when employment ends, based on the last wage: half a month per year for the first five years and a month per year after.
إذا انتهت علاقة العمل وجب على صاحب العمل أن يدفع إلى العامل مكافأة عن مدة خدمته تحسب على أساس أجر نصف شهر عن كل سنة من السنوات الخمس الأولى، وأجر شهر عن كل سنة
- Article 85
Article 85 sets a resigning worker's share of the end-of-service award: one third after two to five years, two thirds after five up to ten years, and the full award at ten years.
إذا كان انتهاء علاقة العمل بسبب استقالة العامل يستحق في هذه الحالة ثلث المكافأة بعد خدمة لا تقل مدتها عن سنتين متتاليتين، ولا تزيد على خمس سنوات، ويستحق ثلثيها
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.