Saudi Labor Law gives many rights to the employees working in Saudi Arabia. One of these rights is the annual leave for which employees are entitled to as per Saudi Labor Law.
It happens that many employers don’t give employees their due leaves in Saudi Arabia. There can be several reasons for this but one of the main reasons is ignorance of the rules related to Annual Leave under Saudi Labor Law from both ends i.e. employers and employees.
The purpose of writing this post is to educate our readers about the rules related annual leave under Saudi Labor Law so that they can claim their rights.
Every employee working in Saudi Arabia is entitled to annual leave: The duration of annual leave depends upon the term of service of the employee. Every employee is entitled to at least 21 calendar days annual leave.
However, if an employee has completed 5 consecutive years in a company, he is entitled to at least 30 calendar days annual leave as per Article 109.1 of Saudi Labor Law.
Annual leave mentioned above must be availed within the year of accrual: The annual leave cannot be forfeited by employer nor can it be paid in lieu of cash as per Article 109.2 of Saudi Labor Law. Recommended: Leave Encashment under Saudi Labor Law
The employee has a right to request his employer to defer his entire annual leave or part thereof to the next year. (Article 110.1 of Saudi Labor Law)
Schedule of Annual Leave: Although you are entitled to the annual leaves as per Saudi Labor Law, it is up to your employer to schedule it as per work needs.
It is his responsibility to let you know about the schedule of your leaves 30 days before as per Article 109.2 of Saudi Labor Law. However, the employer also has a right to postpone the annual leave to the next 3 months following the year when it is accrued.
If an employer wants to defer the annual leave of employee further (after 3 months following the year of accrual), he will have to take written approval from the employer as per Article 110.2 of Saudi Labor Law.
Public Holidays connected with Annual Leave: It is very important to mention here that public holidays such as Eid Holidays or National Day cannot be counted as annual leave.
For example, if your entitlement of annual leaves is 30 days starting from 1st November to 30th November, but there are 4 days of Eid within the month of November, annual leave will be extended until 4th of December. (30+4)
Sick Leave connected with Annual Leave: An employer cannot terminate an employee due to his sickness unless he has completed his sick leave.
The sick worker can also demand from the employer that his annual leave is attached to his sick leave. (Article 82 of Saudi Labor Law) – Recommended: Rules related to Sick Leave as per Saudi Labor Law
Annual Leave connected with Maternity Leave: If a working woman has availed her fully paid maternity leave during the year, she is not entitled to receive payment for her annual leave.
However, if she has availed maternity leave at half pay, she can get a half salary for her annual leave. (Article 152 of Saudi Labor Law) – Recommended: Rules related to Maternity Leave for working women under Saudi Labor Law
Annual Leave for Domestic Workers: It is very important to mention here that labor law is not applied to the housemaids, individual drivers and other visas which have been awarded to the individual Saudis for their houses.
A domestic worker is only entitled to one month’s paid leave after two years of working with the employer. Moreover, domestic workers are also entitled to one day’s holiday in a week. Recommended: Domestic Worker Rights in Saudi Arabia
Am I Entitled to get Transportation Allowance during Annual Leave? – Most of the employers in Saudi Arabia try to exploit workers by not paying them some of the allowances during annual leave.
I have explained with references to the specific articles of Saudi Labor Law if you are entitled to get transportation allowance during annual leave. Recommended: Am I entitled to get Transportation Allowance during annual leave?
Weekends are not part of Annual Leave: Saudi Gazette has published that weekends should not be considered as part of annual leave as per Saudi Labor Law. We have published a detailed article about it. Recommended: Weekends are not part of Annual Leave, SR 100,000 fine for Violation
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