Article 80 of the Saudi Labor Law: Dismissal Without Notice, Compensation or End of Service

The nine cases

An employer may end the contract without an award, notice or compensation only in these cases (Article 80):

1. Assault. The worker assaults the employer, the responsible manager, or a superior or subordinate, during or because of the work.
2. Failure to perform essential obligations or obey lawful orders. This applies only after a written warning.
3. Misconduct or dishonesty. It is proven that the worker behaved badly or committed an act involving dishonesty or breach of trust.
4. Intentional loss. The worker deliberately acted, or failed to act, to cause the employer material loss. The employer must report the incident to the competent authorities within 24 hours of learning of it.
5. Forgery. It is proven that the worker used forgery to get the job.
6. Probation. The worker is still within a valid probation period. See Probation Period in Saudi Arabia.
7. Unexcused absence. The worker is absent without a legitimate reason for more than 30 days in one contract year, or more than 15 consecutive days. This applies only after the warnings the law requires.
8. Abuse of position. It is proven that the worker unlawfully used his position for personal gain.
9. Disclosure of secrets. It is proven that the worker disclosed the employer's industrial or commercial secrets.

In every case, the worker must be given the chance to state his objection to the dismissal (Article 80).

How an Article 80 dismissal is challenged

These are the points we test first:

• Is the reason really one of the nine? "Poor performance" or "restructuring" is not on the list.
• Was the required step taken? For case 2, was there a prior written warning? For case 7, were the required warnings given? For case 4, was the incident reported within 24 hours?
• Was it proven? Several cases require that the conduct be proven. An accusation is not enough.
• Was the worker heard? Article 80 requires the chance to object. Separately, a disciplinary penalty can only be imposed after written notice of the accusations, questioning and a defense, recorded in the worker's file (Article 71).

If the employer cannot show that the dismissal fits Article 80, it may be treated as a termination without a legitimate reason. The ordinary consequences may then apply: compensation under Article 77 and the full end-of-service award under Article 84. See Unfair Dismissal Compensation.

Worked example: absence

A pipefitter on a 2-year contract with an actual wage of SAR 5,000 travels home for a family emergency. His return flight is cancelled, and he is away for 16 consecutive days. He kept the airline's cancellation messages and his WhatsApp messages to his supervisor.

The employer dismisses him under Article 80 for absence, without having sent any warning.

The weak points in the employer's case are:

• the required warnings were not given;
• there is evidence of a legitimate reason for the absence;
• he was not given the chance to object.

If the dismissal does not hold, his claim may include compensation for the remaining contract term under Article 77 and his end-of-service award under Article 84.

What to do if you receive an Article 80 letter

1. Do not sign anything that admits the allegation.
2. Reply in writing with your objection and your explanation, and keep a copy.
3. Collect the evidence: emails, WhatsApp messages, attendance records, and any warnings you did or did not receive.
4. File for amicable settlement with MHRSD, then go to the labor court if needed.
5. File within 12 months of the end of the employment relationship (Article 234(a)).

For employers

Before relying on Article 80, check four things:

• the facts fit one of the nine cases exactly;
• the case-specific step was taken (a written warning, the absence warnings, or the 24-hour report);
• you can prove the conduct;
• the worker was given the chance to object.

Record all of this in writing. An Article 80 dismissal that fails in court can lead to compensation plus the full award. See Labor Law Support for Employers.