Introduction

The relationship between the worker and the employer is built on clarity and mutual commitment to ensure a stable and productive work environment. However, disputes may arise that lead to labor conflicts, especially in cases of unfair dismissal — one of the most common issues brought before labor courts.
The Saudi labor system provides a comprehensive framework that precisely regulates the rights of both parties, making it essential to understand these rights before taking any legal action.

This article explains the concept of unfair dismissal, how to establish proof, the employee’s rights, and the litigation process in labor cases.

What Constitutes Unfair Dismissal?

Dismissal is considered unfair when the employer terminates the employee’s contract without a legitimate reason or in violation of the procedural requirements stated in the Labor Law. Common examples include:

  • Absence of documented or proven violations.

  • Dismissing the employee without a formal investigation.

  • Failure to follow the legal procedures required before termination.

  • Terminating an employee during medical leave or a work-related injury.

  • Termination based on a malicious or false complaint.

All these instances constitute a clear violation of the employee’s rights and entitle them to claim compensation.

Proving Unfair Dismissal

Winning the case depends on having adequate evidence showing that the dismissal was unlawful. This may include:

  • Termination notices or relevant emails.

  • Attendance and work-hour records.

  • Testimonies from colleagues or internal witnesses.

  • Previous salary slips and financial entitlements.

  • Registered violations (if any) and their validity.

  • Medical reports if the employee was ill or on sick leave at the time of dismissal.

The more complete the documentation file, the stronger the employee's case in court.

Employee Rights in Unfair Dismissal Cases

Under the Saudi Labor Law, the employee is entitled to several rights and compensations if unfair dismissal is proven, such as:

  • Financial compensation that may reach up to three months’ salary or more depending on the contract type and length of service.

  • An experience certificate without conditions or restrictions.

  • Full end-of-service benefits.

  • Payment for accumulated annual leaves.

  • Payment of any unpaid salaries for recent months.

  • The right to claim additional compensation for moral damages if abuse is proven.

These compensations aim to restore balance and remedy the harm caused to the employee.

The Labor Dispute Process

Labor cases follow several organized steps:

  1. Filing an electronic complaint through the Ministry of Human Resources platform.

  2. Beginning the mandatory amicable settlement phase (21 days).

  3. If settlement fails, the case is referred to the labor court.

  4. The court holds several sessions to review evidence and documents.

  5. A final judgment is issued and referred to the Enforcement Court for execution.

Despite the clear procedures, cases require careful legal preparation to ensure rights are preserved.

Conclusion

Labor disputes—especially those involving unfair dismissal—require an accurate understanding of the Labor Law and proper submission of evidence. Seeking legal assistance from a specialized lawyer is often essential for presenting a strong and compliant case.

Understanding rights and obligations is not a luxury; it is a necessity for protecting both workers and employers and maintaining a fair and balanced work environment.