How to Challenge a Disciplinary Action or Termination in Saudi Arabia

Knowing how to challenge a disciplinary action or termination in Saudi Arabia is critical for any employee, HR manager, or in-house counsel who suspects an employer’s decision was procedurally flawed or legally unjustified. The Saudi Labour Law, issued under Royal Decree No. M/51 and published in the Official Gazette (Umm al-Qura), grants employees specific rights to contest penalties ranging from written warnings to summary dismissal. At Faisal A. Siddiqui Law Firm, I regularly advise clients through every stage of that process: preserving evidence within the first 24 hours, filing complaints through the Qiwa platform and the Ministry of Human Resources and Social Development (HRSD), and, where necessary, pursuing a claim before the labour courts.

This guide consolidates the practical steps, deadlines, and remedies available to you, whether you are a Saudi national or an expatriate worker facing wrongful termination in Saudi Arabia.

Quick Checklist, Immediate Steps After a Disciplinary Action or Termination

The first 24 to 48 hours after receiving a disciplinary sanction or termination letter are decisive. Evidence disappears, access to company systems is revoked, and witnesses disperse. In my experience, the clients who succeed in challenging disciplinary action or termination in Saudi Arabia are those who act methodically from day one. Complete every item on the list below before taking any other step.

1. Retain the original termination or disciplinary letter. If it was delivered electronically, screenshot the message with the date stamp. If it was verbal, send an immediate follow-up email to your manager or HR department confirming what was communicated and requesting written reasons.
2. Request a formal, written statement of reasons. Under the Saudi Labour Law, the employer must specify the grounds for dismissal. If none has been provided, document your request in writing.
3. Preserve all communications. Save WhatsApp messages, emails, SMS texts, and internal-messaging-platform threads that relate to your performance, conduct, or the events leading to the sanction. Back them up to a personal device or cloud account.
4. Collect payslips, salary certificates, and contract documents. Download every available pay record from the Wage Protection System (WPS), your employment contract, any addenda, and the company disciplinary policy.
5. Record witness details. Note the names, contact numbers, and departments of colleagues who witnessed the incident or who can attest to your performance record.
6. Secure your Iqama and travel-document copies. Expatriates should photograph their Iqama (front and back) and passport data page immediately.
7. Do not sign any settlement or resignation document until you have received legal advice. Signing a “mutual termination” or “voluntary resignation” form can extinguish your right to pursue a wrongful termination claim.

Sample Email Templates

Requesting written reasons: “Dear [HR Manager], I am writing to formally request a written statement of the reasons for the disciplinary action / termination communicated to me on [date]. Kindly provide this statement within five working days, as required under the Saudi Labour Law. I reserve all my legal rights.”

Evidence-preservation notice: “Dear [IT Department / HR], I hereby request that all electronic records, emails, CCTV footage, access logs, and documents relating to my employment and the events of [date] be preserved and not deleted. This request is made in anticipation of a formal dispute.”

Understand the Legal Basis, Article 80 Saudi Labor Law and Common Employer Grounds

Before deciding how to respond, you need to understand the legal framework the employer is likely relying upon. The Saudi Labour Law sets out specific grounds for termination, and each carries different procedural requirements and consequences for end-of-service benefits. The HRSD publishes guidance on these provisions through its official labour-relations portal, and the Qiwa platform provides further details on Qiwa disciplinary penalties that employers may impose.

Article 80, Termination Without Notice

Article 80 of the Saudi Labour Law is the provision employers most frequently invoke when dismissing a worker without notice or end-of-service benefits. It permits termination without notice in circumstances that include:

• Assault on the employer or a superior during or because of work.
• Failure to perform essential duties or to follow legitimate orders, despite a written warning.
• Proven misconduct or dishonesty, such as fraud, forgery, or theft.
• Deliberate acts causing material loss to the employer, provided the employer reports the incident to the relevant authority within 24 hours of becoming aware of it.
• Absence without valid cause for more than 20 non-consecutive days or more than 10 consecutive days in a single year, after a written warning.
• Disclosure of trade secrets resulting in actual or potential damage.
• Conduct during probation that the employer deems unsatisfactory (where termination occurs during the probation period).

If the employer cannot prove one of these grounds to the satisfaction of the labour court, the dismissal is treated as wrongful termination in Saudi Arabia, and compensation is payable.

Other Key Articles, 74, 77, 79, and 81

• Article 74 lists the lawful grounds for contract expiry (mutual agreement, end of term, force majeure, closure of the establishment, and others).
• Article 77 sets the compensation formula where a party terminates the contract for an unlawful reason: the worker is entitled to the amount agreed in the contract, or, if no amount is agreed, to 15 days’ wages for each year of service on an indefinite-term contract (with a minimum of two months’ wages), or the remainder of the contract term for a fixed-term contract.
• Article 79 requires the party wishing to terminate an indefinite-term contract to serve written notice at least 60 days before termination (for monthly-paid workers).
• Article 81 allows the employee to resign without notice where the employer has committed a material breach, such as failure to pay wages, assault, or fraud at the hiring stage.

Review Your Contract, Policies, and Internal Procedure

The next step is to examine your own employment contract and the company’s internal disciplinary policy. Many employers in Saudi Arabia maintain a detailed disciplinary code that specifies graduated penalties, verbal warning, written warning, deduction from wages, suspension, and dismissal, and requires each to be exhausted before escalation. If the employer has bypassed its own graduated procedure, that is strong evidence of an unlawful or disproportionate sanction.

Pay particular attention to the following clauses:

• Probation clauses. During probation (maximum 90 days, extendable to 180 days by written agreement), either party may terminate without notice or compensation, unless the contract states otherwise.
• Fixed-term vs. indefinite-term contract. The compensation formula under Article 77 differs materially between the two.
• Grievance and appeal procedures. Some contracts require the employee to exhaust an internal grievance process within a specified number of days. Missing that deadline can weaken, though not necessarily extinguish, your position before the labour court.
• Non-compete and confidentiality clauses. These may limit your ability to take immediate alternative employment, and their enforceability should be reviewed alongside any termination challenge.

How to Identify Unlawful Clauses

Under the Saudi Labour Law, any contractual clause that is less favourable to the worker than the minimum standards set by the law is void. If, for example, a contract purports to waive the employee’s right to end-of-service benefits or to shorten the statutory filing deadline, that clause is unenforceable. I always advise clients to read every clause with this principle in mind and to flag any provision that appears to restrict rights the law guarantees.

How to Challenge Disciplinary Action or Termination, Step by Step

There are three principal channels through which an employee can contest an employer’s decision in Saudi Arabia: internal resolution, the Qiwa / HRSD complaint system, and the labour courts. In my practice, I recommend proceeding through them in sequence where time permits, although urgent cases (such as those involving travel bans or Iqama cancellation) may require filing a labour court claim immediately.

How to File a Complaint on Qiwa

The Qiwa platform, operated by the HRSD, provides an electronic portal for employees to raise complaints against employers. To file a complaint, you will typically need:

• Your national ID number or Iqama number.
• A copy of your employment contract (or evidence of the employment relationship).
• The termination or disciplinary letter.
• Supporting documents, payslips, correspondence, and a brief written statement of your case.

The platform assigns a case number and notifies the employer, who is given a window to respond. If the dispute is not resolved at this stage, the system escalates it for mediation or refers it to the labour court.

HRSD Mediation and Labour Relations

The HRSD’s labour-relations offices offer a mediation service designed to settle disputes before they reach the courts. Mediation sessions are conducted in person or remotely, and a mediator will attempt to broker a settlement, often involving reinstatement, partial compensation, or an agreed-upon reference. Settlement agreements reached through HRSD mediation are recorded and can be enforced.

In my experience, HRSD mediation succeeds in cases where the employer acknowledges a procedural error and is willing to negotiate end-of-service entitlements. Where the employer contests liability entirely, mediation rarely produces a satisfactory result, and escalation to the labour court becomes necessary.

When to Escalate to the Labour Court in Saudi Arabia

Escalation is appropriate when mediation has failed or when the employer refuses to engage, or when the filing deadline for a labour court claim is approaching. The labour court has jurisdiction to hear claims for wrongful termination, unpaid wages, end-of-service benefits, and compensation under Article 77.

Filing a Labour Court Claim, Procedure, Evidence, and Deadlines

Filing a labour court claim is the formal litigation route to challenge disciplinary action or termination in Saudi Arabia. The Saudi Ministry of Justice administers the labour courts, and claims can be initiated electronically through the Najiz portal or in person at the competent court.

Who Can File and Where

Any worker, Saudi or expatriate, who believes they have been wrongfully dismissed or subjected to an unlawful disciplinary sanction may file a claim. Jurisdiction generally lies with the labour court in the region where the workplace is situated, or where the employment contract was executed. Legal representation is permitted but not mandatory; however, given the procedural complexity of employment litigation, I strongly recommend engaging a specialist.

The Filing Deadline, Act Within the Prescribed Window

Saudi labour-dispute procedures require the worker to take action promptly. The HRSD’s published guidance stipulates that the employee should file a complaint within a limited period following the contested decision. Workers should confirm the exact applicable deadline through the HRSD labour-relations portal or the Qiwa platform, as enforcement practice may evolve. Missing the deadline can result in the claim being rejected on procedural grounds, so I always advise clients to file protective claims as early as possible while continuing settlement discussions in parallel.

Remedies, Reinstatement, Compensation, and End-of-Service Benefits in Saudi Arabia

The labour court has broad discretion to order the remedy it considers just. The most common outcomes are:

Evidence and Documentation, A Checklist and Templates

The strength of any challenge to a disciplinary action or termination rests on the quality of your evidence. Labour courts in Saudi Arabia evaluate documentary evidence, witness testimony, and electronic records. I advise clients to compile the following, organised in a single file and indexed for the court:

• Termination or disciplinary letter, the original, plus Arabic translation if issued in another language.
• Employment contract and addenda, including any internal disciplinary or grievance policy.
• Payslips and WPS records, to establish salary, benefits, and length of service.
• Email and messaging correspondence, all communications with HR, management, and colleagues relevant to the dispute.
• Witness statements, signed declarations from colleagues who can confirm the facts.
• CCTV footage and access logs, where the dispute involves an alleged incident, request these from the employer promptly (they are often overwritten after 30 days).
• Performance reviews and awards, to rebut allegations of poor performance or misconduct.
• Medical records, where the dismissal followed sick leave or a workplace injury.

All documents not originally in Arabic must be professionally translated and, where required, attested. Foreign-issued documents (such as university certificates or overseas medical reports) may require consular legalisation or apostille before they are admitted by the court.

Practical Considerations for Expatriates, Iqama, Travel, and Re-Entry

Expatriate workers face additional complications when challenging a termination. Once an employer cancels a worker’s Iqama, the employee’s legal right to remain in Saudi Arabia depends on the transfer of sponsorship, the issuance of a temporary work permit, or the existence of an active labour-court case that may justify a stay of exit.

• Iqama cancellation and final exit. If the employer processes a final exit, you may have a limited window to transfer your sponsorship to a new employer or to file a complaint that may pause the exit process. Act immediately, delays can result in deportation.
• Travel bans. In some disputes (particularly those involving financial claims against the employee), the employer may request that authorities impose a travel ban. Conversely, an employee may request protective measures through the court.
• Re-entry after termination. Whether you can return to Saudi Arabia after termination depends on your exit type (final exit vs. exit-and-re-entry visa) and whether any ban has been imposed. Employees who departed on a final exit visa must obtain a new visa through a new employer or sponsor. Consult the HRSD guidance or your embassy for current rules.

At Faisal A. Siddiqui Law Firm, we frequently assist expatriate clients in coordinating with the HRSD and the Saudi immigration authorities to preserve their ability to remain in the Kingdom while a dispute is resolved.

What to Expect at Hearings and Sanctions Employers Commonly Use

Labour court hearings in Saudi Arabia are conducted in Arabic. If you do not speak Arabic, you are entitled to an interpreter, but I recommend bringing your own trusted translator to ensure accuracy. Hearings typically proceed as follows: the claimant presents the case and evidence, the employer responds with its defence and counter-evidence, and the judge may ask questions of both parties. Multiple sessions are common.

The most frequent employer defences I encounter include:

• Misconduct under Article 80, the employer alleges one of the enumerated grounds and presents internal investigation reports, witness statements, or CCTV footage.
• Redundancy or restructuring, the employer argues the position was eliminated for genuine operational reasons.
• Poor performance, the employer relies on documented warnings, performance-improvement plans, and appraisals.
• Probation-period termination, the employer asserts that the dismissal occurred within the probation period and was therefore lawful without cause.

For each of these defences, the burden rests on the employer to substantiate its claim. If the employer cannot produce credible, contemporaneous evidence, the court is likely to find in the employee’s favour.

Conclusion, Protect Your Rights Promptly

Successfully challenging a disciplinary action or termination in Saudi Arabia requires speed, documentation, and a clear understanding of the legal routes available. To summarise the essential steps: preserve all evidence within the first 24 hours; understand whether the employer’s reliance on Article 80 or any other provision is legally justified; review your contract and internal procedures for irregularities; file a complaint through Qiwa and engage with HRSD mediation; and, if necessary, escalate to the labour court in Saudi Arabia before the applicable deadline expires.

Whether you are an employee contesting a wrongful termination, an HR director auditing your company’s disciplinary procedures, or in-house counsel responding to a claim, the procedural framework described in this guide applies equally to you. If you need tailored advice on any aspect of employment litigation in Saudi Arabia, I recommend consulting a specialist who understands both the statutory landscape and the practical realities of the HRSD, Qiwa, and labour-court systems. You can find qualified employment litigation lawyers in Saudi Arabia through the Global Law Experts lawyer directory.

Annex, Sample Letters and Timeline Quick Reference

Sample Letter: Request for Written Reasons

To: [Employer Name / HR Department]
From: [Employee Full Name], ID/Iqama No. [Number]
Date: [Date]
Subject: Formal request for written statement of reasons for termination / disciplinary action

I refer to the termination / disciplinary action communicated to me on [date]. I hereby formally request a written statement specifying the grounds and evidence relied upon for this decision, in accordance with the Saudi Labour Law. Please provide this statement within five working days. I reserve all rights, including the right to file a complaint with the HRSD and to pursue proceedings before the labour court.

Sample Qiwa Complaint Checklist

• National ID or Iqama number entered correctly.
• Employment contract uploaded (PDF or image).
• Termination / disciplinary letter uploaded.
• Supporting documents attached (payslips, correspondence, witness contacts).
• Written summary of dispute completed (concise, factual, dated).
• Confirmation of case number received and saved.

Timeline Quick Reference

Sources

1. Ministry of Human Resources & Social Development, Labour Relations
2. Qiwa, Disciplinary Penalties & Labour Education
3. Saudi Ministry of Justice, Judicial Portal
4. Official Gazette / Umm al-Qura
5. International Labour Organization, Country Profiles