Article 97 of the Saudi Labor Law
المادة 97 من نظام العمل · الباب السادس: شروط العمل وظروفه
Article 97 requires the employer to pay 50% of the wage of a worker detained in a case connected with the work, for up to 180 days, and to refund the deducted half if the worker is acquitted or the investigation is closed.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا جرى توقيف العامل أو احتجازه لدى الجهات المختصة في قضايا تتصل بالعمل أو بسببه فعلى صاحب العمل أن يستمر في دفع 50% من الأجر إلى العامل حتى يفصل في قضيته، على ألا تزيد مدة التوقيف أو الحجز على مائة وثمانين يومًا، فإذا زادت على ذلك فلا يلتزم صاحب العمل بدفع أي جزء من الأجر عن المدة الزائدة، فإذا قضي ببراءة العامل أو حفظ التحقيق لعدم ثبوت ما نسب إليه أو لعدم صحته، وجب على صاحب العمل أن يرد إلى العامل ما سبق حسمه من أجره، أما إذا قضي بإدانته فلا يستعاد منه ما صرف له ما لم ينص الحكم 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 97 explained in plain English
Article 97 of the Labor Law deals with a special situation: a worker is detained or held by the competent authorities because of a case connected with their work or arising because of it, so they become unable to perform their work against their will. The article balances the interest of the worker, whose guilt has not yet been established, against the interest of the employer, who receives no work in return for wages.
What does the article provide?
- The employer must continue to pay 50% of the wage to the worker throughout the period of detention or holding, until the case is decided.
- This obligation is limited to a maximum of 180 days; if the detention lasts longer than that, the employer is not obliged to pay any part of the wage for the excess period.
What happens after the case ends?
- If the worker is acquitted, or the investigation is closed because what was attributed to them was not proven or was untrue, the employer must return to them what was previously deducted from their wage (that is, the other half that was not paid during the period of detention).
- If the worker is convicted, what was paid to them of the half is not recovered from them, unless the judgment expressly provides otherwise.
Conditions for applying the article: the detention must be by a competent authority, and the case must be connected with the work or arise because of it; the article does not deal with detention in cases unrelated to the work. If the worker's wage is calculated by the piece or by commission, Article 96 explains how the average wage is adopted for calculating the rights set out in the law.
Because whether a case is connected with the work, and the effect of the judgment on the wage, may differ depending on the facts, the worker or the employer in such cases is advised to consult a lawyer who specializes in labor cases.
Practical example
Ahmed is an accountant at a company in Riyadh and was detained pending investigation over a suspicion relating to financial transactions within his work. During his detention, the company must pay 50% of his wage each month. His detention lasted 90 days and the investigation then ended with the case being closed because what was attributed to him was not proven, so the company must return to him the half deducted for that period. Had a judgment of conviction been issued instead, the company would not recover what it paid him of the half, unless the judgment provides otherwise.
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 97 of the Saudi Labor Law
Is a detained worker entitled to their full wage?
No. Article 97 provides that the employer continues to pay only 50% of the wage during detention in a case connected with the work, up to a maximum of 180 days.
What happens if the detention lasts more than 180 days?
The employer is not obliged to pay any part of the wage for the period exceeding 180 days.
Does the worker get back the half deducted from their wage after being acquitted?
Yes. If the worker is acquitted, or the investigation is closed because what was attributed to them was not proven or was untrue, the employer must return what was previously deducted from their wage.
If the worker is convicted, are they asked to repay what was paid to them during detention?
What was paid to them is not recovered from them, unless the judgment convicting them provides otherwise.
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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.