The Legal Foundation: Chapter 5 of the Saudi Labor Law
Under Royal Decree No. M/51, every employment relationship in Saudi Arabia—whether fixed-term (Muqayyad) or indefinite-term (Ghair Muqayyad)—is legally bound by statutory severance rules upon termination.
Historically, manual payroll accounting created widespread labor disputes over salary basis definitions and resignation deductions. Today, the Qiwa platform's Contract Management System automatically calculates statutory severance entitlements during contract termination workflows, reconciling data with the General Organization for Social Insurance (GOSI) and the Mudad Wage Protection System (WPS).
Termination Event Logged
Sponsoring employer or employee submits contract termination request with reason
Automated ESB Calculation
Qiwa engine audits tenure, gross wage, and applies Article 84 vs 85 formulas
Settlement Agreement Issuance
Both parties review digital breakdown: ESB, unused annual leave, and pending wages
Bank Disbursement (WPS)
Employer settles total dues via corporate payroll bank account within statutory deadline
What Constitutes the "Final Wage" (Al-Ajr Al-Akheer)?
One of the most litigated questions in Saudi labor courts is what salary elements must be included in the severance calculation.
Under Article 2 and Article 84 of the Saudi Labor Law, the award must be computed based on the last gross wage drawn by the employee before contract termination:
| Compensation Component | Included in ESB Calculation? | Legal Justification & Precedents |
|---|---|---|
| Basic Salary (*Al-Rātib Al-Asāsi*) | YES (Mandatory) | Primary core element of remuneration under labor contract. |
| Housing Allowance (*Badal Sakan*) | YES (Mandatory) | Fixed contractual allowance, whether paid as cash or provided as company housing (equivalent value). |
| Transportation Allowance (*Badal Muwasalat*) | YES (Mandatory) | Regular, recurring monthly stipend tied to employment. |
| Fixed Monthly Allowances | YES (Mandatory) | Fixed position stipends, risk allowances, or guaranteed monthly supervisory allowances. |
| Overtime Payments (*Kharji*) | NO (Excluded) | Variable remuneration dependent on ad-hoc supplementary hours worked. |
| Discretionary Performance Bonuses | NO (Excluded) | Contingent payments not guaranteed by fixed contract terms. |
| Sales Commissions | CONDITIONAL | If variable, calculated based on the monthly average earned over the preceding 12 months. |
Company-Provided Accommodation:
If an employer provides company-owned physical housing instead of a cash allowance, the monetary value of that housing (commonly assessed at 25% of basic salary unless defined otherwise in the employment contract) must be included when determining the gross final wage for ESB computation.
Article 84: Employer Termination & Contract Expiration
When an employment contract ends due to contract expiration, mutual agreement, employer termination under Article 75, redundancy, or retirement, the employee is entitled to the full statutory award without deductions:
Proration for Fractional Years
The Saudi Labor Law does not round years up or down. Any fractional period of a year (months and days) must be calculated proportionately:
Article 85: Resignation Deduction Tiers
When the employee initiates contract termination by tendering a voluntary resignation (Istiqaala), the statutory entitlement is scaled according to total completed tenure:
| Completed Continuous Service | Percentage of Full ESB Paid | Deducted by Employer | Net Formula Applied |
|---|---|---|---|
| Under 2 Years | 0% (Zero) | 100% | Employee receives SAR 0.00 |
| 2 Years to 5 Years | 33.33% (One-Third) | 66.67% | $(1 ÷ 3) × ≤ ft(Years × 0.5 × Monthly Gross)$ |
| 5 Years to 10 Years | 66.67% (Two-Thirds) | 33.33% | $(2 ÷ 3) × ≤ ft[(2.5 × Monthly Gross) + (Years above 5 × Monthly Gross)\right]$ |
| 10 Years or More | 100% (Full Award) | 0% | Full Article 84 calculation without any penalty deduction |
Statutory Exceptions: 100% ESB on Resignation (Articles 87 & 81)
Under specific statutory circumstances, an employee who voluntarily resigns is exempt from Article 85 penalty deductions and receives the 100% full severance award:
Statutory Safeguards & Rights Protection
Mandatory protections enforced by MHRSD & Saudi Labor Law
Three Practical Worked Calculation Examples
Example 1: Employer Non-Renewal after 4 Years (Article 84)
Example 2: Employee Resignation after 7 Years (Article 85)
* First 5 years: $5 × (0.5 × 13,500) = 5 × 6,750 = SAR 33,750$
* Next 2 years (Years 6 & 7): $2 × 13,500 = SAR 27,000$
* Total Baseline: $33,750 + 27,000 = SAR 60,750$
Example 3: Employee Resignation after 12 Years (Article 85)
Because the employee completed over 10 years of service, they receive 100% full entitlement:
* First 5 years: $5 × (0.5 × 16,500) = SAR 41,250$
* Subsequent 7 years: $7 × 16,500 = SAR 115,500$
Total Payable ESB: $41,250 + 115,500 = SAR 156,750*$
Article 88: Statutory Payment Deadlines & Penalties
Employers cannot delay the disbursement of severance benefits once the employment contract concludes. Under Article 88 of the Saudi Labor Law:
Notice Period Conclusion
Employee completes statutory notice period; final clearance handover is conducted
Statutory Grace Window
Employer has 7 days (employer termination) or 14 days (resignation) to settle all financial dues
Mudad WPS Verification
Payment is processed via Mudad Wage Protection System; zero wage deduction flags verified
Labor Office Enforcement
If payment is delayed past statutory deadline, worker files summary claim via Qiwa / Wedy
Allowable Deductions Under Article 92
The employer may only deduct debts legally owed by the employee from their final settlement under strict statutory caps:
How to Audit Your ESB Calculation on Qiwa
Both corporate human resources managers and employees can verify official calculation figures directly through Qiwa:
Step 1: Open Qiwa Labor Office Calculator
Step 2: Input Contractual Parameters
Step 3: Reconcile With Digital Contract
If the employer's proposed settlement figure differs from Qiwa's automated calculator:
Frequently Asked Questions (FAQ)
Is End of Service calculated on basic salary or full gross salary?
Under Articles 2 and 84 of the Saudi Labor Law, ESB is strictly calculated on the gross salary (*Al-Ajr Al-Akheer*), which includes basic salary plus guaranteed regular monthly allowances (housing, transportation, and fixed position stipends). Employers who calculate ESB on basic salary alone are violating labor regulations.
Does an employee get End of Service if they resign before 2 years?
No. Under Article 85 of the Saudi Labor Law, an employee who voluntarily resigns with less than 2 consecutive years of service is entitled to 0% (zero) of the End of Service gratuity.
Can an employer withhold End of Service benefits as a penalty?
No. An employer cannot arbitrarily forfeit an employee's ESB. The only grounds for complete forfeiture is summary dismissal under Article 80 with documented statutory evidence (e.g., physical assault, forgery, trade secret disclosure, or willful damage).
When is the employer legally required to disburse the ESB payment?
Under Article 88, if the employer terminates the employee, the final settlement must be paid within 7 days. If the employee resigns, the employer must settle all entitlements within 14 days.
Does a resigned female employee receive full ESB?
Yes, provided she resigns within 6 months of marriage or within 3 months of giving birth under Article 87. Under these statutory exceptions, she receives 100% of the award without Article 85 deductions.
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Advocate High Court (Punjab Bar Council) and ATT GCC VAT Certified Specialist. Author of comprehensive regulatory commentaries on Saudi corporate law, ZATCA e-invoicing protocols, and Labor Reform Initiatives.