Article 80 Saudi Labor Law: Dismissal Without End-of-Service

An employee was absent for two weeks in a row because of a family situation, without sending an official leave request. When he returned, he found a dismissal letter “under Article 80”, with no end-of-service award. Is the company allowed to do this?

The direct answer: Article 80 allows the contract to be terminated without award, notice or compensation in only nine cases, and only if the employer gives the worker a chance to state his reasons for objecting. For absence, dismissal is allowed only if absence without a valid reason is more than 15 consecutive days or more than 30 separate days in the contract year, with a written warning after 10 or 20 days. The two weeks of absence in the example do not reach the limit.

What does Article 80 of the Saudi Labor Law mean?

The general rule in the Labor Law is that if the employer ends the contract, he pays the worker the end-of-service award, gives him notice before termination, and compensates him if there was no valid reason. Article 80 makes an exception for cases in which the worker's fault is serious enough to justify ending the contract at once, without notice, compensation or award.

These cases are an exhaustive list; the employer may not add a reason of his own, even if he writes it in the company's internal rules. Because they are an exception that takes away the worker's rights, they must not be widened, and the employer is expected to provide proof of the facts on which he based his decision.

What are the nine cases for dismissal without award?

1. Assaulting the employer, the responsible manager, any superior or any subordinate during work or because of it.
2. Not performing the essential obligations of the employment contract, not obeying lawful orders, or deliberately not following the work and worker safety instructions that the employer has posted in a visible place, despite a written warning.
3. Proven bad conduct, or committing an act against honour or honesty.
4. Deliberately doing something, or failing to do something, intended to cause material loss to the employer, provided the employer reports the incident to the competent authorities within 24 hours of learning of it.
5. Using forgery to obtain the job.
6. Being employed on probation.
7. Absence without a valid reason for more than 30 days in the contract year or more than 15 consecutive days, with a prior written warning.
8. Unlawfully using the job position to obtain personal results and gains.
9. Disclosing the industrial or commercial secrets of the work.

Can you be dismissed under Article 80 without being heard?

It is not enough that one of the cases happened. Article 80 requires that you be given the chance to state your reasons for objecting to the termination. In practice this is done through an investigation or a written summons in which the company hears your side before the decision. If you were surprised by a dismissal decision without anyone asking you anything, this is an important procedural point to put before the court. The text does not set a specific form for this chance, but written proof of it protects both parties in a dispute.

If you are asked to sign an investigation record, read it in full, and write your comments if it does not reflect your words accurately.

How many days of absence allow dismissal? And the other paragraphs

The key condition of paragraph 2 is a prior written warning. A single mistake at work or one breach of an order without a prior warning is not enough to apply it. For the safety instructions part, the text requires the breach to be deliberate and the instructions to be posted in a visible place.

Paragraph 3 does not require a warning, but it requires proof. An accusation of bad conduct or dishonesty alone is not enough, and what falls under it differs from case to case.

Paragraph 7 on absence has a precise calculation, shown in the table:

If the warning did not reach you on time, a dismissal based on this paragraph can be challenged. Absence with a valid excuse, such as documented sick leave, is not counted at all.

Can you be dismissed during probation without an award?

Paragraph 6 allows the contract to be ended during probation without an award. But probation itself is limited after the Labor Law amendments in force since February 2025: it must be stated expressly in the contract, its length must be clearly set, and its total must not exceed 180 days. A worker who has passed this period, or whose contract has no probation clause, cannot be dismissed under this paragraph.

What should you do if you receive a written warning?

The warning in paragraphs 2 and 7 is the step that opens the door to dismissal without award later. So take it seriously:

• Read the incident stated in it and its date, and check that it is correct.
• If your absence had an excuse, provide written proof as soon as possible, such as a medical report.
• Reply in writing with your account if you do not agree with it, and keep a copy of your reply.
• Count your absence days yourself so you do not reach the limit without noticing.

The difference in the result is large. A proven dismissal under Article 80 removes the award, notice and compensation, while a dismissal whose case is not proved gives you all these rights.

What should you do if Article 80 was applied to you wrongly?

If the incident is not proved, the employer did not warn you where a warning is required, or you were not given a chance to object, the court may consider the termination invalid. You may then claim the end-of-service award, notice compensation and the compensation set by Article 77. The route starts with an amicable settlement request at the Ministry of Human Resources and Social Development, and then the Labor Court if settlement fails.

Do not delay: a labor case is not accepted more than twelve months after the end of the employment relationship, unless there is an excuse the court accepts or the employer admits the right (Article 234).

Even if one of the Article 80 cases is proved, you still have the right to the wage for the days you actually worked and did not receive, and to other fixed dues not paid before the dismissal.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for both sides

If you are the employee dismissed under Article 80:

• Ask for the decision in writing with the paragraph of the article it relies on.
• Check whether you were given a chance to state your reasons for objecting, and whether you received the required warning in absence cases.
• Collect what disproves the incident or shows it does not fall under the case stated.
• Claim the award and compensation before the labor courts if the article was applied wrongly, and watch the 12-month deadline.

If you are the employer:

• Use Article 80 only in its specific cases, with a document proving the incident.
• Document the investigation with the employee and his chance to reply before the decision.
• For absence, send the written warning on time before dismissal.
• If the incident is not clear, consider a regular termination with full rights instead of the risk of a compensation judgment.

The difference between a valid dismissal and an invalid one is often in the details and procedures. Send us on WhatsApp the dismissal letter and any warnings, and we will explain your position.