The issue of attendance and departure, late attendance or early departure, or absence from work, are all considered among the issues for which the Saudi Labor Law has specified specific penalties that the employer imposes on the worker.

Therefore, Saudi Human Resources issued a regulation to regulate the attendance and departure of employees, and this regulation is renewed from time to time depending on the development of the employment situation in the Kingdom.

In this article, we will try to focus on the attendance and departure rules mentioned in these regulations in application of the provisions of the Saudi Labor Law.

Would you like to consult a labor lawyer in Jeddah ? Call 0595911136. Or click here .

Labor office system for absence and tardiness

The Saudi Labor Law regulated cases of absence in articles related to the work relationship between the worker and the employer, and made the worker’s absence without a legitimate excuse sufficient reason for his dismissal in accordance with the provisions of Article 80 thereof, which stipulates that:

The absence of a worker for a period of thirty separate days during one contractual year or for a period of fifteen continuous days gives the employer the right to dismiss the worker without compensating him with any form of compensation. Provided that the employer issues a written warning to the worker after his absence for a period of twenty days in the first case and ten days in the second case.

If we go to the table of violations and penalties established by the Saudi Ministry of Human Resources and Social Development, we notice that this regulation stipulates certain penalties related to deduction from the salary in the event that the worker is absent without an acceptable excuse for days less than the days required for his dismissal.

 As for the worker being late to work, the Violations and Penalties System issued by the Ministry of Human Resources and Community Development stipulates different periods of delay, the penalties resulting from each period, and the extent of its impact on work.

In the following paragraphs, we will detail for you how to deduct a portion of the worker’s wages in the event of tardiness and absence.

Is the employer entitled to a deduction in case of delay?

The attendance and departure regulations issued by the Saudi Ministry of Human Resources and Community Development specified the violations and penalties resulting from an employee being late to work or leaving early before the end of work, whereby the employer has the right to punish the late or early employee.  This is as follows:

Cases of delay in coming to work on time:

1. 1. Being late for the attendance time for a period not exceeding 15 minutes without permission from the employer, or without the worker providing an acceptable excuse, and without this resulting in disrupting the work of others . The penalty prescribed for committing this violation for the first time is a written warning, then a 5% deduction from the salary. The daily wage for the second time, then 10% for the third time, then 20% for the fourth time.
   2. Being late for the attendance time for a period not exceeding 15 minutes without permission from the employer, or without the worker providing an acceptable excuse, and this results in disrupting the work of others . The penalty prescribed for committing this violation for the first time is a written warning, then a deduction of 15% of the daily wage. For the second time, then 25% for the third time, then 50% for the fourth time.
   3. Being late for the attendance time for a period ranging from 15 minutes to 30 minutes without the employer’s permission or an acceptable excuse, and this did not result in disruption to the work of others . The penalty here is a deduction of 10% of the daily wage the first time, 15% the second time, and 25% the second time. The third time, 50% the fourth time.
   4. Being late for the attendance time for a period ranging from 15 minutes to 30 minutes without the employer’s permission or an acceptable excuse, resulting in disrupting the work of others . Here, 25% of the worker’s daily wage is deducted for the first violation, then 50% for the second violation, then 75%. For the third violation, then a full day’s wages will be deducted for the fourth violation.
   5.  Being late for the attendance time for more than an hour without permission from the employer or an acceptable excuse, whether or not this results in disruption to the work of others. The penalty for the first time will be a written warning, then a full day’s pay will be deducted the second time, then two days in the next. The third time, then three days for the fourth time, in addition to deducting the wages for late hours.

You may be interested in contacting: The corporate lawyer at Al Safwa Law Firm and Legal Consultations .

Cases of leaving work before the specified date:

1. 1.  If the worker leaves or leaves work before the specified end time, without permission from the employer or an acceptable excuse, not more than 15 minutes. The penalty incurred the first time is a written warning, then 10% of the daily wage is deducted the second time, 25% is deducted the third time, and a full day’s wage is deducted the fourth time, in addition to that is a deduction of the wage for the period of leaving work.
   2.  If the worker leaves or leaves work more than 15 minutes before the specified end time without the employer’s permission or an acceptable excuse. In this case, the penalty is a 10% deduction from his daily wage for the first time, a 25% deduction for the second time, a 50% deduction for the third time, and a full day’s wage for the fourth time, in addition to a deduction of the wage for the period of leaving work.
   3.  If the worker remains in the workplace or returns to it after the end of the work schedule without justification, the penalty is by issuing a written warning to him the first time, deducting 10% of his daily wage the second time, deducting 25% the third time, and deducting a full day the fourth time. .

The method of managing attendance according to the work system is not obligatory according to a specific method. The employer may adopt time stamp cards, hand print, eye print, attendance signature, or any method he deems appropriate.

– Explanation of the Saudi labor system ⚖ (@labourlawsaudi) July 4, 2018

How is absence deducted in the private sector?

The attendance and departure regulations issued by the Saudi Ministry of Human Resources and Community Development specified the penalties resulting from the worker’s absence. According to the following:

1. 1. If the worker is absent from work for one to three days without written permission from the employer or an acceptable excuse provided by him. The penalty incurred in this case will be deducted from one day from his monthly wage in the case of committing the violation for the first time, two days deducted for the second time, three days for the third time, and four days for the fourth time, in addition to deducting the wage for the period of absence.
   2. If the worker is absent for a period ranging from four to six days without written permission from the employer or an acceptable excuse from him, his penalty is to deduct two days from his monthly wage when committing the violation for the first time, three days to be deducted the second time, and four days to be deducted the third time. And dismissal with bonus the fourth time, in addition to deducting the wage for the period of absence.
   3. If the worker is absent for a period ranging from seven to ten days without written permission from the employer or an acceptable excuse from him, the penalty imposed on him the first time is a deduction of four days from his monthly wage , then five days the second time, then separation with the reward in The third time, with deduction of the wage for the period of absence.
   4.  If the worker is absent from work without a legitimate excuse for a period of more than ten consecutive days, he will be dismissed without reward or compensation, provided that this is preceded by a written warning after an absence for a period of five days, within the scope of the provisions of Article 80 of the Labor Law.
   5.  If the worker is absent from work intermittently without a legitimate excuse such that the total days of absence exceed twenty days in one year, the resulting penalty is dismissal without reward or compensation , provided that this is preceded by a written warning from the employer to the worker after the total absence reaches ten. days, in implementation of the provisions of Article 80 of the Saudi Labor Law.

Is it permissible to be absent with a medical excuse in the private sector?

The Saudi labor system guarantees the right of the worker, whether he works in the private sector or the government sector, to obtain sick leave in the event he becomes ill, as follows:

1. 1. The worker must prove his illness according to a duly certified medical report.
   2.  The worker is entitled to sick leave for a period of ninety days during one year, whereby he is entitled to his full wage for the first thirty days, and three-quarters of his wage for the following sixty days.
   3.  The Saudi Labor Law also grants the worker an additional thirty days of sick leave after the first ninety days, such that this period is unpaid.
   4.  The Saudi labor system does not differentiate whether the worker obtains these leaves whether they are continuous or intermittent.

Also, what is meant by one year in the Saudi labor system with regard to obtaining sick leave is not the Gregorian year, the Hijri year, or the nodal year. Rather, the year is considered from the date of the first sick leave obtained by the worker.

Therefore, the worker who takes sick leave for the first time during his work for the employer will be the starting point for calculating the year related to sick leave.

As an example, let us assume that one of the workers took sick leave as a result of his illness on 3/1/2021 and its duration was sixty days, then he followed it with another leave that also lasted sixty days starting on 1/7/2021, and thus the last thirty days of it will be considered unpaid leave. Reward.

According to the above, the calculation of the new year will be at the end of the last vacation, which is scheduled for 8/31/2021

Article 82 of the Saudi Labor Law also prohibits the employer from terminating the worker’s services due to illness, except after he has exhausted the specified period of sick leave stipulated in this law. The worker also has the right to request his accrued annual leave connected to his sick leave.

 However, at the same time, the Saudi Ministry of Human Resources and Community Development punished every worker who maligned, claimed illness, or claimed to have been injured during or because of work with the following penalties:

A day will be deducted from his monthly wage if he commits the violation for the first time, two days will be deducted the second time, three days will be deducted the third time, and five days will be deducted the fourth time.

It also punishes the worker who refuses to conduct a medical examination when requested by the establishment doctor, or refuses to follow medical instructions during treatment, and his punishment in this case is the same as the punishment for malingering or claiming illness or injury.