Dismissing an employee for misconduct is not a routine administrative decision. It is a strict legal procedure governed by Article 80 of the Saudi Labor Law. A dismissal that does not meet its conditions cannot rely on Article 80 to withhold the end-of-service award, notice and compensation, and may expose the employer to a compensation claim under Article 77 of the Saudi Labor Law. A termination that is poorly documented is also hard to defend before the Labor Court.
An employee accused of a gross violation (for example assault, forgery, disclosure of secrets or prolonged absence) should not be dismissed by an undocumented verbal decision from a direct manager. Article 80 of the Saudi Labor Law allows dismissal without award, notice or compensation only in its nine cases, and only on condition that the employer gives the worker the opportunity to state their objections to the dismissal. Article 71 of the Saudi Labor Law adds that no disciplinary penalty is imposed until the worker has been notified in writing of the accusation, questioned, had their defense investigated, and a minute recording this has been placed in their file. A dismissal that falls outside Article 80 of the Saudi Labor Law cannot rely on it; the provisions to compare are Article 75 (notice) and Article 77 (compensation for unlawful termination).
This page explains how to document a termination for misconduct: from the investigation file to the statement-hearing minutes, to the final termination decision and clearance form. It is organized around the text of Article 80 of the Saudi Labor Law and related provisions (Article 71 on the procedure before a disciplinary penalty, Article 84 on the end-of-service award). The download is a printable case file, in PDF and Word, that your establishment fills in for each misconduct case: the incident record, the case relied on under Article 80 of the Saudi Labor Law, an evidence list, previous warnings, the worker’s statement and objections, the decision record and its delivery record, with a checklist of procedural points. It is a documentation aid, not legal advice.
Employee Termination for Misconduct Case File (Article 80 of the Saudi Labor Law) in PDF + Word
A printable case file for recording the incident, the evidence, the previous warnings, the worker’s statement and objections, the decision and its delivery, with a checklist of procedural points.
When You Can Terminate an Employee for Misconduct Without End-of-Service Benefit
The general rule under the Saudi Labor Law is that when the employment relationship ends, the employer pays an end-of-service award (Article 84 of the Saudi Labor Law). Article 80 of the Saudi Labor Law sets out the exception that matters here: nine cases in which the employer may rescind the contract without award, notice or compensation. Outside those nine cases the employer may not do so, and even within them Article 80 of the Saudi Labor Law attaches a condition: the worker must be given the opportunity to state their objections to the rescission.
Points to Check Before Applying Article 80 of the Saudi Labor Law
The occurrence of a violation alone is not enough to trigger summary dismissal. Three points to check together; the second is a requirement of the text of Article 80 of the Saudi Labor Law itself:
- The violation is established: the incident should be supported by evidence (witnesses, video, records, official reports), not by mere suspicion or hearsay. Cases 3, 5, 8 and 9 of Article 80 of the Saudi Labor Law apply only where the conduct is proven.
- The employee was given the opportunity to state their objections: Article 80 of the Saudi Labor Law makes the dismissal conditional on the employer giving the worker the opportunity to state their objections to the rescission. The condition is part of the article itself.
- The 30-day limits of Article 69 of the Saudi Labor Law: Article 69 of the Saudi Labor Law bars accusing the worker of a violation more than 30 days after it was discovered, and bars imposing a disciplinary penalty more than 30 days after the end of the investigation and proof of the violation. Article 66 lists dismissal, in the cases the law states, among the disciplinary penalties, so the cautious course is to treat these limits as running on an Article 80 dismissal too; the Saudi Labor Law does not say so in terms.
Dismissal Under Article 80 of the Saudi Labor Law and the End-of-Service Award
In its nine cases, and on condition that the worker was first given the opportunity to state their objections, Article 80 of the Saudi Labor Law permits the employer to rescind the contract without the end-of-service award. Article 87 of the Saudi Labor Law is not an exception to Article 80: it opens as an exception to Article 85, which deals with the worker’s resignation, and covers two situations, force majeure and a female worker who ends the contract within 6 months of her marriage contract or 3 months of giving birth.
Legal Framework: Article 80 of the Saudi Labor Law (The Nine Cases)
Article 80 of the Saudi Labor Law (Royal Decree M/51, as amended) restricts rescission without award, notice or compensation to nine cases. A violation outside this list cannot be handled by summary dismissal; it is addressed through the disciplinary penalties that the law (Article 66 of the Saudi Labor Law) and the work regulation approved on the Ministry’s model (Article 13) allow, and Article 67 forbids any penalty not stated in the law or the work regulation.
| Case No. | The case under Article 80 of the Saudi Labor Law | Practical examples | Required evidence |
|---|---|---|---|
| 1 | Assault by the employee on the employer, the responsible manager, a superior or a subordinate, during work or because of it | Physical assault, threats, documented verbal abuse | Police report, witnesses, video, medical report for the victim |
| 2 | Failure to perform the essential obligations under the employment contract, or to obey lawful orders, or deliberate disregard of workplace-safety instructions posted by the employer in a visible place, despite a written warning | Refusing to follow posted safety instructions or core duties after a written warning | Prior written warnings, violation log, direct manager statement |
| 3 | Proven bad conduct by the employee, or an act involving a breach of honor or trust | Document forgery, embezzlement, bribery, theft, disclosure of secrets | Internal investigation report, court ruling, external auditor report |
| 4 | A deliberate act or omission by the employee intended to cause the employer material loss, provided the employer notifies the competent authorities of the incident within 24 hours of learning of it | Intentional equipment sabotage, data deletion, product damage | Technical report, witnesses, video, documented cost of damage, proof of the report to the competent authorities |
| 5 | The employee resorted to forgery to obtain the job | Forged certificate, fabricated experience, fake GOSI records | Certificate verification from the university, report from the issuing authority, GOSI |
| 6 | The employee is under probation (hired on probation) | Termination during the contractual probation period | Contract explicitly stating the probation period |
| 7 | The employee is absent without legitimate reason for more than 30 days in one contract year, or more than 15 consecutive days, provided a written warning from the employer precedes the dismissal after 20 days of absence in the first case and 10 days in the second | Continuous absence without approved leave | Attendance record, the written warning after 20 or 10 days of absence, proof that it was delivered |
| 8 | The employee abuses their position unlawfully to obtain personal gains or results | Favoring suppliers in exchange for commission, deals at the establishment’s expense | Financial audit, messages, bank transfers |
| 9 | The employee discloses industrial or commercial secrets related to the work | Leaking customer lists to a competitor, publishing financial data | Screenshots, messages, statement from the competitor or a third party |
A Practical Reading of the Cases
Cases 3, 5, 8 and 9 apply only where the conduct is proven, so they call for evidence that actually proves it, and the other acts need evidence too. Case 4 also carries a 24-hour duty to notify the competent authorities. Cases 2 and 7 carry written-warning conditions and, for Case 7, on precise absence counts: more than 30 days in a contract year or more than 15 consecutive days, with the written warning after 20 or 10 days of absence. Case 6 (probation) has its own rules, which we cover in a later section.
The Difference Between Disciplinary, Administrative, and Arbitrary Dismissal
The Saudi Labor Law distinguishes dismissal for misconduct under Article 80, termination for a legitimate reason with notice under Articles 74 and 75, and termination without a legitimate reason, for which Article 77 provides compensation. Each has a different legal basis and different entitlements, so the decision should state the correct basis.
Disciplinary Dismissal for Misconduct (Article 80 of the Saudi Labor Law)
This is the main subject of this template. It is based on the employee committing one of the nine violations listed in Article 80 of the Saudi Labor Law, which permits the employer to rescind the contract without award, notice or compensation, provided the worker was given the opportunity to state their objections. The employer still owes the wage for the days actually worked and the cash value of accrued annual leave (Articles 88 and 111 of the Saudi Labor Law) and, on request and free of charge, a service certificate (Article 64 of the Saudi Labor Law). The clearance form is an internal record of returned property.
Administrative Dismissal for Legitimate Reasons (Articles 74 and 75 of the Saudi Labor Law)
This is termination for non-behavioral reasons: for example expiry of a fixed-term contract, permanent closure of the establishment, or the end of the activity the employee works in (Article 74 of the Saudi Labor Law). It also covers termination of an indefinite-term contract for a legitimate reason with notice under Article 75 of the Saudi Labor Law: at least 60 days where the employer terminates and the wage is monthly, and at least 30 days where the wage is not monthly. Where the notice is not given, Article 76 of the Saudi Labor Law requires a sum equal to the wage for the notice period. The end-of-service award under Article 84 applies, together with the leave balance and, for non-Saudi employees, the return ticket under Article 40 of the Saudi Labor Law.
Arbitrary Dismissal (Article 77 of the Saudi Labor Law)
This is termination without a legitimate reason, or for a reason that falls neither within the nine cases of Article 80 of the Saudi Labor Law nor within another ground the law provides. Article 77 of the Saudi Labor Law gives the injured party, unless the contract fixes its own compensation, 15 days’ wage for each year of the worker’s service in an indefinite-term contract, or the wage for the remaining period of a fixed-term contract, and in either case not less than two months’ wage.
Procedures Before a Termination Decision
Before issuing a termination for misconduct, work through a clear sequence of steps. One comes from the text of Article 80 of the Saudi Labor Law itself: the opportunity to state objections. Two come from provisions written for disciplinary penalties, which this page treats as applying here as the cautious reading: written notification of the accusation, questioning, investigation of the defense and a minute placed in the worker’s file (Article 71 of the Saudi Labor Law), and the 30-day limits (Article 69). Article 66 lists dismissal among the disciplinary penalties, but the Saudi Labor Law does not say in terms that Articles 69 and 71 govern an Article 80 dismissal. The timelines in the table below are suggested internal practice, not statutory deadlines, unless the row names an article.
| Step | Action | Timeline | Owner | Documented output |
|---|---|---|---|---|
| 1 | Detect the violation and document it initially | As soon as the violation is discovered | Direct manager | Signed detection report with date and time |
| 2 | Suspend the employee precautionarily (optional, if your work regulation allows it) | As set by your work regulation | HR manager | Temporary suspension letter |
| 3 | Open a formal investigation | Promptly, within the 30-day limit of Article 69 of the Saudi Labor Law | Investigation committee | Investigation opening minutes |
| 4 | Notify the employee in writing of the accusation and summon them for questioning (Article 71 of the Saudi Labor Law) | Before the questioning, with reasonable notice | Investigation committee | Acknowledged written notification |
| 5 | Question the employee and investigate their defense (Article 71 of the Saudi Labor Law) | Recorded session | Investigation committee | Minutes of the session, placed in the employee’s file |
| 6 | Hear witnesses and review evidence | Before the committee reports | Investigation committee | Witness statements and an evidence list |
| 7 | Issue the committee’s recommendation | After the investigation closes | Committee chair | Reasoned recommendation report |
| 8 | Final termination decision | Within 30 days of the end of the investigation and proof of the violation (Article 69 of the Saudi Labor Law) | CEO or delegate | Written and signed termination decision |
| 9 | Notify the employee of the decision | Immediately upon issuance | HR | Signed acknowledgment of receipt |
| 10 | Check what Qiwa and GOSI require to end the employment record | According to the current requirements of each platform | HR | A note of what was done on each platform |
When Are Written Warnings Required?
Two of the nine cases carry a warning condition in the text of Article 80 of the Saudi Labor Law itself. Case 2 ends with a written-warning condition, and Case 7 (absence) requires a written warning from the employer after 20 days of absence in the first limb (more than 30 days in a contract year) and after 10 days in the second (more than 15 consecutive days). The text of Case 2 does not say which of its limbs the warning qualifies, so the cautious course is to issue a written warning before relying on any of them. For the other cases Article 80 of the Saudi Labor Law states no warning condition. This page does not state a general graduated-warning path as a legal rule: any such path comes from your approved work regulation.
Forming the Investigation Committee
- Number of members: suggested at least 3, with one from outside the employee’s own department to support neutrality.
- Powers: suggested to include summoning the employee, requesting documents, hearing witnesses, reviewing attendance logs and CCTV footage.
- Neutrality: no committee member should be a party to the incident (for example the assault victim), to protect the credibility of the investigation.
- Confidentiality: keep investigation minutes confidential until the final decision is issued, and do not circulate them outside the committee and HR.
Components of a Complete Termination Decision
A termination decision is not a short letter telling the employee “you are dismissed.” It is a carefully drafted document that may later be presented to the Labor Court to show the basis of the termination. Gaps in the decision weaken the employer’s position, however strong the underlying evidence.
| Section | Content to include | Drafting examples |
|---|---|---|
| Preamble | Establishment name, commercial registration, employee name, Iqama or national ID number, hire date, job title | “Pursuant to the employment contract signed on … and establishment number …” |
| Legal basis | Article 80 of the Saudi Labor Law, applicable sub-clause (1 to 9) | “Based on Article 80, sub-clause 3 of the Saudi Labor Law” |
| Description of the incident | Date, time, location, parties, chronological sequence | “On … at … in the … location” |
| Evidence | List of evidence relied on in the decision (minutes, video, witnesses) | “Investigation minutes No. … and CCTV footage from …” |
| Investigation steps | Date the investigation was opened, questioning sessions, employee’s defense | “The employee was questioned on … and their defense was investigated …” |
| Operative ruling | Termination under Article 80 of the Saudi Labor Law, effective date | “It is decided to terminate the employee under Article 80 of the Saudi Labor Law, effective …” |
| Entitlements | Salary for days worked, leave balance, service certificate on request (Article 64 of the Saudi Labor Law), clearance | “The employee’s entitlements shall be paid in accordance with …” |
| Right to grievance | Notice of the employee’s right to bring a labor claim | “The employee may bring a labor claim in accordance with the Saudi Labor Law.” |
| Signature and seal | Signature of the competent manager, establishment seal, date of decision | General manager + seal + date |
Drafting the Incident Precisely
A decision that uses vague phrases like “bad conduct” or “repeated negligence” without detail is hard to defend. Correct drafting names: the Gregorian date, the exact time, the location, the parties, the specific act committed by the employee, the resulting impact, the violation number in the work regulations, and the relevant sub-clause of Article 80 of the Saudi Labor Law.
Avoiding Contradiction Between Stated Grounds
A common mistake: stating one reason in the termination letter (for example, absence), then in court the employer changes the reason (for example, assault). That change undermines the employer’s credibility and weakens the file. Record the real reason in the decision, together with the Article 80 of the Saudi Labor Law case it falls under.
Practical Evidence to Gather
Not every piece of evidence management produces will carry weight, and not everything that looks damning persuades the judge. The points below are practical drafting advice, not statements of admissibility rules: what is accepted is for the Labor Court to decide. Knowing these categories lets you gather evidence at the moment of the incident, not later.
Written Records and Documents
- Attendance and check-out records: fingerprint, magnetic card, facial recognition apps. Useful as proof of absence or lateness when tied to an officially adopted system, ideally exported with a time stamp.
- Emails and official correspondence: most useful when sent from an official work email by an employee authorized to use it. A screenshot alone is weak; keep a formal export from the mail server.
- Financial and management reports: audited reports from a certified accountant or internal auditor showing the financial damage for Cases 4 and 8.
- Meeting minutes: help document earlier verbal warnings; have the attendees, including the employee, sign them.
Visual and Audio Evidence
- CCTV recordings: most useful if cameras are installed in publicly used areas of the establishment with visible notices (“Under Surveillance”), and stored with a time stamp that cannot be altered.
- Audio recordings: treat with caution. Safest when recorded with the parties’ knowledge or in an official meeting announced as recorded. Take legal advice before relying on a covert recording.
- WhatsApp and Telegram screenshots: require additional authentication (sender and recipient screens, visible phone number, date and time). Keep the original device and the full conversation.
Witness Testimony
- Number of witnesses: where possible, two independent witnesses for each incident.
- Witness independence: the testimony of an employee with a direct relationship to the manager, or with a prior dispute with the employee in question, may carry less weight.
- Written signature: witness testimony should be documented in writing with signature and date, and the witness must be ready to confirm it before the Labor Court if required.
Official Government Reports
- Police reports: in cases of assault or theft, a police report is important documentary evidence.
- Civil Defense reports: for incidents of gross negligence that cause damage to the establishment.
- ZATCA reports: where the employee has committed tax violations in the establishment’s name, the Zakat, Tax and Customs Authority (ZATCA) report may be relevant evidence.
- GOSI reports: may show registration with another employer that you did not know about.
The Employee’s Rights After Termination
Termination for misconduct forfeits some of the employee’s rights but not all of them. Article 80 allows dismissal without award, notice or compensation, but the employer still owes the wage and the settlement of the worker’s other rights (Article 88 of the Saudi Labor Law) and the Article 64 duties below.
The Clearance Form and Its Supporting Documents
The clearance form is a document confirming that the employee has returned all establishment property (laptop, phone, car, keys, access badge, customer files, records) and has no outstanding financial or material obligations. It is an internal record, not a statutory form. Article 88 of the Saudi Labor Law requires the employer, once the worker’s service ends, to pay the wage and settle the worker’s rights within one week at most of the end of the contractual relationship (two weeks at most where the worker ended the contract), and lets the employer set off any debt owed to it arising from the work. Have the employee and a management representative sign the form; if the employee refuses to sign, a minute is drawn up in the presence of two witnesses.
Service Certificate (Article 64 of the Saudi Labor Law)
Article 64 of the Saudi Labor Law requires the employer, at the end of the employment contract and on the worker’s request, to give the worker a service certificate free of charge, stating the date the worker joined, the date the relationship ended, the worker’s profession and last wage. The employer may not include in the certificate anything that may harm the worker’s reputation or reduce their job prospects. Article 64 of the Saudi Labor Law also requires the employer to return to the worker all certificates and documents the worker deposited.
Qiwa, GOSI and the Return Ticket
- Qiwa and GOSI: check the current procedure on each platform for ending the employment record. This page states no requirement or deadline for either, because none is established here from the text of the Saudi Labor Law.
- Return ticket: Article 40(1) of the Saudi Labor Law puts the return ticket of a non-Saudi worker to their home country, at the end of the relationship, on the employer. Article 40(2) of the Saudi Labor Law puts the cost on the worker in two cases: where the worker is unfit for work, or wishes to return without a legitimate reason. The model work regulation lists further cases, so check your approved work regulation before deciding who bears the cost in a dismissal.
End-of-Service Benefit in Cases of Termination for Misconduct
The general rule: in its nine cases, and on condition that the worker was first given the opportunity to state their objections, Article 80 of the Saudi Labor Law allows the employer to rescind the contract without the end-of-service award. Article 87 of the Saudi Labor Law does not qualify that rule, because it is an exception to Article 85 on resignation. Understanding this protects you from a wrong settlement at the time of termination.
The Base Rule (Article 84 of the Saudi Labor Law)
Article 84 of the Saudi Labor Law sets the end-of-service award as follows: half a month’s wage for each of the first five years, and one month’s wage for each subsequent year, on the basis of the last wage, pro rata for a part of a year. In an Article 80 of the Saudi Labor Law dismissal that falls within its conditions, the employer may rescind the contract without this award.
What Article 87 of the Saudi Labor Law Covers
Article 87 of the Saudi Labor Law opens as an exception to Article 85 (the reduced award on resignation). It gives the full award, regardless of the length of service, where the worker leaves as a result of force majeure beyond their control, or where a female worker ends the contract within 6 months of her marriage contract or within 3 months of giving birth. It concerns the worker’s departure, not dismissal under Article 80 of the Saudi Labor Law.
Worked Example
An employee worked 7 years at an establishment in Riyadh, with a last wage of SAR 12,000. Where the award under Article 84 of the Saudi Labor Law is payable, it is (5 x 6,000) + (2 x 12,000) = 30,000 + 24,000 = SAR 54,000. The figure is illustrative. In an Article 80 of the Saudi Labor Law dismissal that meets its conditions, Article 80 permits the employer to rescind the contract without the award.
Other Entitlements Independent of the Benefit
- Salary for days worked: paid for the days the employee worked from the start of the month up to the day of termination.
- Annual leave balance: Article 111 of the Saudi Labor Law gives the worker the right to a wage for accrued leave not taken when they leave the work, and leave pay for parts of a year in proportion to the time worked. It does not carve out dismissal under Article 80 of the Saudi Labor Law.
- Approved overtime: overtime pay for previously approved hours that have not yet been disbursed.
- Earned commissions and incentives: commissions on deals closed before the termination date that vested under the internal commission policy.
Amicable Settlement and the Labor Court
If the employee brings a claim, it moves through two stages. Knowing each stage helps you build a defense and make use of the amicable-settlement stage, which can save time and money.
Stage One: Amicable Settlement at the Ministry
The Ministry of Human Resources and Social Development operates a free amicable-settlement service for labor disputes, open to employers and workers (domestic labor has a separate track). The complaint is filed electronically through the Ministry’s electronic labor services portal with the settlement office in the city of the last working day. The parties get one week for direct negotiation, and settlement sessions follow. The Ministry’s service page gives 21 working days from filing as the duration. Where no settlement is reached, the matter is referred to the labor court.
Stage Two: The Labor Court
- Labor courts: the labor courts, under the Ministry of Justice, adjudicate the case where amicable settlement is not reached. Article 234(b) of the Saudi Labor Law says labor cases are heard as a matter of urgency.
- Twelve-month limit: Article 234 of the Saudi Labor Law provides that no claim relating to a right under the law, or arising out of the employment contract, is admissible before the labor courts after twelve months from the date the employment relationship ended, unless the claimant offers an excuse the court accepts or the defendant acknowledges the right.
Amicable Settlement and Why It May Be the Better Path
Even with a strong legal position, an amicable settlement at the Ministry may be the better path: the service itself is free, and a settlement ends the dispute without a court ruling. A professional employer weighs each option carefully and negotiates where negotiation pays off, while standing firm where the legal position is solid.
Termination During the Probation Period
Case 6 of Article 80 of the Saudi Labor Law covers a worker who is under probation. Article 53 of the Saudi Labor Law sets the conditions for probation, and Article 54 provides that if the contract is terminated during probation neither party owes compensation and the worker does not accrue the end-of-service award for that period. Probation has its own rules, set out below.
Conditions for Probation
- Explicit clause in the contract: probation applies only if the contract says so expressly, with its duration clearly specified (Article 53 of the Saudi Labor Law).
- A single ceiling of 180 days: Since the M/44 amendment in force from 19 February 2025, Article 53 of the Saudi Labor Law sets a single ceiling of 180 days for the probation period in all circumstances. The earlier structure of 90 days extendable by written agreement to 180 is no longer the operative text.
- Excluding leave: Article 19, paragraph 2 of the Executive Regulation of the Saudi Labor Law excludes the Eid al-Fitr and Eid al-Adha holidays, National Day, Founding Day and sick leave from the count.
- No repetition: a worker may not be placed on probation more than once with the same employer (Article 54 of the Saudi Labor Law). By written agreement of both parties, a further probation is allowed only if it is for another profession or job, or at least six months have passed since the previous relationship with that employer ended.
The Employee’s Rights During Probation
A worker on probation is still an employee under the contract and is owed the wage for the days worked. Article 53 of the Saudi Labor Law lets either party terminate during the period, and Article 54 provides that neither owes compensation if the contract is terminated during probation.
Common Mistakes During Probation
- Terminating after the period ends: once the probation period has ended, the worker is no longer under probation, so Case 6 of Article 80 of the Saudi Labor Law is no longer available. Ending the contract then needs another ground: one of the other Article 80 of the Saudi Labor Law cases, or notice under Article 75 where it applies.
- Failing to define the start date: if the start of the probation period is not precisely defined in the contract, the end date and the 180-day ceiling cannot be checked. State the start date and the duration in the contract.
- Repeating probation: a second probation with the same employer is allowed only in the cases Article 54 of the Saudi Labor Law names, described above.
Common Mistakes in Dismissals for Misconduct
Five mistakes are common in dismissals for misconduct. Avoiding them strengthens the employer’s file.
Verbal Termination Without a Written Decision
A manager who says “you are done with the company” without a written decision leaves the employer with nothing to show the court. Even if the reason is sound, a dismissal with no written decision is very hard to defend. A safe internal rule: no termination without a decision, no decision without signature, seal, and date.
Exceeding the 30-Day Limits of Article 69 of the Saudi Labor Law
Article 69 of the Saudi Labor Law bars accusing the worker of a violation more than 30 days after it was discovered, and bars imposing a disciplinary penalty more than 30 days after the end of the investigation and proof of the violation. The article states the prohibitions and does not say what follows if a limit is exceeded. Article 66 lists dismissal among the disciplinary penalties, so the cautious reading is that these limits run on an Article 80 dismissal too; the Saudi Labor Law does not say so in terms. Record the date of discovery, the date the investigation started and the date it ended in every investigation document.
Denying the Right to Defense
Article 80 of the Saudi Labor Law makes dismissal conditional on giving the worker the opportunity to state their objections, and Article 71 requires written notification, questioning and investigation of the defense before any disciplinary penalty. Even if the employee refuses to attend the hearing, draw up a minute documenting the refusal, signed by two witnesses, to preserve the establishment’s position.
Mismatch Between the Stated and Actual Reason
Management writes one reason in the termination letter (poor performance) while the actual reason is something else (a personal dispute with the manager). When questioned in court, the contradiction can surface through colleagues’ testimony and weaken the whole argument. State the real reason in the decision, and the Article 80 of the Saudi Labor Law case it falls under.
Skipping the Written Warning in Cases 2 and 7
Article 80 of the Saudi Labor Law attaches a written-warning condition to Case 2 and to Case 7. For Case 7 the text is explicit: a written warning from the employer must come after 20 days of absence in the first limb and after 10 days in the second, and dismissing for absence without it falls outside Case 7 as worded. Case 2 ends with its own written-warning condition but does not say which of its limbs it qualifies, so issue a written warning before relying on any of them.
None of this depends on software: a dated record, a signed decision and a written warning work on paper as well as on screen. The section below describes what Qoyod HR can hold in one place.
How Qoyod HR Helps You Keep Employee Records, Attendance, and Entitlements in One Place
Qoyod HR is a standalone Saudi HR system on its own subscription. It keeps the contract, the documents and their expiry dates, the attendance record, leave, salary and end-of-service entitlements in one employee file. The connection to Qoyod Accounting is now available.
Attendance Record
Qoyod HR keeps an attendance and check-out record for each employee, with an overview of today’s attendance in real time, and late hours and overtime carry into the payroll run. Qoyod HR does not assess whether an absence meets the day counts in Case 7 of Article 80 of the Saudi Labor Law; that remains the employer’s responsibility.
Employee File and Documents
Qoyod HR keeps the contract and the employee’s documents, such as the residence permit and professional certificates, in the employee file. Every document carries its expiry date and an alert before it.
Calculation of Entitlements and End of Service
- Payroll: Qoyod HR runs payroll with clear salary components for each employee: earnings, allowances, deductions and advances.
- Leave balance: Qoyod HR tracks leave balances for each employee, and the balance is deducted automatically when a leave request is approved.
- End of service: end-of-service and overtime calculations are built into the system, and the end-of-service calculation is based on the Saudi Labor Law and the reason the service ended.
- Statutory dates: Qoyod HR tracks WPS, GOSI, iqama renewals, Saudization ratios and end of service in one place.
Roles and Permissions
Qoyod HR lets you manage branches and roles centrally and control permissions by role.
To learn more about the product, visit the Qoyod HR page. Qoyod technical support is available 24 hours a day, 7 days a week.
Employee termination for misconduct: frequently asked questions
Answers to what people ask before they dismiss an employee under Article 80 of the Saudi Labor Law.
Can I terminate an employee the moment I learn of a gross violation, without any investigation?
Not safely. Article 80 of the Saudi Labor Law allows dismissal without award, notice or compensation only on condition that the employer gives the worker the opportunity to state their objections, and Article 71 requires written notification of the accusation, questioning, investigation of the defense and a minute in the worker’s file before any disciplinary penalty. A dismissal without that opportunity cannot rely on Article 80 of the Saudi Labor Law, and because Article 66 lists dismissal among the disciplinary penalties, the cautious course is to complete the Article 71 steps as well. Whether you may suspend the employee while the investigation runs depends on your approved work regulation.
What if the employee refuses to sign the investigation minutes or the termination decision?
Draw up a minute in the presence of two witnesses employed by the establishment, who attest that the document was presented to the employee and that they refused to sign. The witnesses sign with their full names and ID numbers, and the document is kept in the employee’s file. The minute records what happened; how much weight it carries is for the court.
Does an employee dismissed under Article 80 of the Saudi Labor Law still receive a service certificate?
Article 64 of the Saudi Labor Law attaches the duty to the end of the employment contract and does not carve out dismissal under Article 80. At the worker’s request, the employer gives a service certificate free of charge, stating the date the worker joined, the date the relationship ended, the worker’s profession and last wage. It may not include anything that may harm the worker’s reputation or reduce their job prospects. Article 64 of the Saudi Labor Law also requires the employer to return all certificates and documents the worker deposited.
How long do I have between learning of the violation and issuing the termination decision?
Article 69 of the Saudi Labor Law sets two 30-day limits: it bars accusing the worker of a violation more than 30 days after it was discovered, and it bars imposing a disciplinary penalty more than 30 days after the end of the investigation and proof of the violation. The article states the prohibitions and does not say what follows if a limit is exceeded, or when an investigation counts as ended. Article 66 lists dismissal among the disciplinary penalties, so the cautious reading is that these limits run on an Article 80 dismissal too; the Saudi Labor Law does not say so in terms. Document the discovery date, the date the investigation started and the date it ended.
Does Article 80 of the Saudi Labor Law apply to an employee during the probation period?
Probation has its own rule in Case 6 of Article 80 of the Saudi Labor Law, which covers a worker who is under probation. Article 53 of the Saudi Labor Law requires the probation to be stated expressly in the contract with its duration clearly specified, and its total may not in any case exceed 180 days. Article 54 of the Saudi Labor Law provides that neither party owes compensation if the contract is terminated during probation. Article 80 of the Saudi Labor Law still conditions the dismissal on giving the worker the opportunity to state their objections, so keep a short written record even during probation.
How do I correctly calculate the end-of-service benefit in a misconduct termination?
First, check whether the dismissal falls within Article 80 of the Saudi Labor Law and meets its conditions. If it does, Article 80 of the Saudi Labor Law allows the employer to rescind the contract without the end-of-service award, and Article 87 does not change that, because it is an exception to Article 85 on resignation. Where an award is payable under Article 84 of the Saudi Labor Law, it is half a month’s wage for each of the first five years and one month’s wage for each subsequent year, on the last wage, pro rata for a part of a year. Qoyod HR builds end-of-service calculations into the system.
This page is a documentation aid, not legal advice. For a specific dismissal, take advice from a qualified labor lawyer.
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One employee file holding the contract, the documents and their expiry dates, the attendance record, leave, salary and end-of-service entitlements in Qoyod HR. End-of-service, overtime and leave-balance calculations are built into the system.
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