Key Points — Saudi Labour Court 2026
- Expats have the same right to sue as Saudi nationals — no restrictions
- No filing fees for labour cases — the system is free to access
- You do not need a lawyer for basic salary, EOSB or notice pay claims
- Must file within 12 months of the claim arising — do not delay
- Process: HRSD Mediation → Labour Court → Appeal Court (if needed)
- Mediation cases typically resolve in 3–6 weeks; court cases in 3–9 months
- Arbitrary dismissal: you can claim up to 2 years' salary in compensation
- Judgments enforced via Najiz enforcement courts — bank accounts can be frozen
The Saudi Labour Court System — How It Is Structured
Labour disputes in Saudi Arabia go through a mandatory mediation stage before reaching the courts. Understanding the hierarchy helps you know what to expect at each stage:
Stage 1 — HRSD Mediation (Mandatory First Step)
Ministry of Human Resources — online via Qiwa or in person. 3–6 weeks. Free.
Stage 2 — Labour Court (First Instance)
If mediation fails. Full judicial hearing, written judgment. 3–9 months. Free.
Stage 3 — Court of Appeal (if either party appeals)
Reviews first-instance judgment. 3–6 months additional. Optional.
Stage 4 — Supreme Court (rare, points of law only)
Only for major legal questions. Very rare for standard labour cases.
What Can You Claim in the Saudi Labour Court?
The Labour Court has jurisdiction over all employment-related financial and contractual disputes. Here are the most common claim types:
Unpaid Salary
Any months of unpaid or delayed salary — with 12-month limit from each due date.
EOSB (End of Service Gratuity)
Full or partial EOSB entitlement depending on years of service and termination reason.
Annual Leave Encashment
Payment for unused annual leave days not taken at time of termination.
Notice Period Pay
If employer terminated without giving required notice under Article 75.
Arbitrary Dismissal Compensation
Up to 2 years' wages if dismissed without valid cause under Article 80.
Contract Breach Damages
Compensation for breach of specific contract terms — housing, benefits, bonuses.
Repatriation Ticket
Employer is legally required to fund return flight home at end of contract.
Unpaid Allowances
Housing, transport, or other allowances specified in the contract but not paid.
Arbitrary Dismissal Compensation — How It Is Calculated
If the Labour Court finds you were dismissed without a valid cause under Saudi Labour Law Article 80, the court awards compensation in addition to your regular EOSB and final settlement entitlements:
| Years of Service | Minimum Arbitrary Dismissal Award | Maximum Award | Basis |
|---|---|---|---|
| Less than 1 year | 2 months' wage | Court discretion | Total wage (not just basic) |
| 1–3 years | 3 months' wage | Up to 24 months' wage | Total wage |
| 3–5 years | 4 months' wage | Up to 24 months' wage | Total wage |
| 5–10 years | 6 months' wage | Up to 24 months' wage | Total wage |
| 10+ years | 12 months' wage | Up to 24 months' wage | Total wage |
Documents to Gather Before Filing
Strong documentation is the most important factor in winning a labour case. Gather everything possible before you leave the workplace — once you are gone, access to records becomes difficult.
Step-by-Step — The Full Labour Court Process
File an HRSD complaint on Qiwa
All labour cases must begin with an HRSD complaint through the Qiwa platform — this is mandatory before the Labour Court will accept your case. Go to qiwa.sa → Employee Services → Labour Complaints → New Complaint. Select your employer, describe the dispute, select the claim types (unpaid salary, EOSB, etc.) and enter the amounts claimed. Upload supporting documents. The complaint is free and can be submitted in Arabic or English.
HRSD mediation session
HRSD will schedule a mediation session — often online via video call or at an HRSD office. Both you and your employer attend. The HRSD mediator (مُصلح) attempts to broker a voluntary settlement. This is your first and often fastest route to resolution — many cases settle here with an agreed payment plan. If both parties reach an agreement, it is recorded and becomes legally binding. If mediation fails after the allotted period (typically 21 days), HRSD issues a referral to the Labour Court.
Case referred to Labour Court — initial hearing scheduled
Once HRSD refers the case, it is registered at the Labour Court (المحكمة العمالية) and assigned to a judge. You will receive an SMS with your case number. The court will schedule an initial hearing date — typically 3 to 6 weeks after registration. You can track your case through the Najiz portal at najiz.sa using your case number. Consider hiring a Saudi labour lawyer at this stage if your claim exceeds SAR 30,000 or involves complex issues.
Labour Court hearings
There are typically 2 to 4 hearing sessions before a judgment is issued. At each session, the judge reviews documents, hears submissions from both parties and may request additional evidence. Hearings are conducted in Arabic — if you do not speak Arabic, you are entitled to bring an interpreter. Proceedings can also be conducted through written submissions (مذكرات) submitted through the Najiz portal, which is useful if attending in person is difficult. The employer has a legal obligation to attend — if they fail to appear, the court may issue a default judgment in your favour.
First-instance judgment issued
The judge issues a written judgment (حكم) specifying what, if anything, you are awarded. The judgment details the amounts the employer must pay, any repatriation obligations, and the timeline for compliance. Both parties have the right to appeal within 30 days of the judgment. If neither party appeals within 30 days, the judgment becomes final and binding. Download the judgment from Najiz immediately and keep multiple copies.
Appeal (if judgment is unsatisfactory)
Either party can appeal to the Court of Appeal within 30 days of the judgment. The Court of Appeal reviews the first-instance decision and can uphold, reduce, increase or overturn the award. An appeal adds 3 to 6 months to the process. Consider carefully whether an appeal is worthwhile — the appeal court upholds first-instance decisions in the majority of labour cases, and an appeal by your employer delays your payment. Legal advice is strongly recommended before deciding to appeal or respond to an appeal.
Enforce the judgment through the Enforcement Court
Once the judgment is final, if the employer does not voluntarily pay, file an enforcement request through the Mahkamah Al-Tanfidh (Enforcement Court) via the Najiz portal. The enforcement court has significant powers — it can freeze company and personal bank accounts, seize assets, bar company directors from travel and in serious cases refer the matter for criminal prosecution. The enforcement court is efficient and responds within days to urgent requests. Most employers pay once enforcement proceedings begin.
Practical Tips for Winning Your Labour Case
- File immediately — do not delay. The 12-month limitation period starts running from the day your entitlement arose. Many workers lose valid claims simply by waiting too long.
- Calculate exactly what you are owed before filing — use our EOSB, annual leave and final settlement calculators so you know your precise claim amounts and cannot be underpaid in a settlement.
- Keep every piece of paper and digital communication — WhatsApp messages, emails, salary slips, attendance records. Saudi courts give significant weight to documentary evidence.
- Attend every session — missing a court hearing without prior notification can result in your case being dismissed. If you cannot attend in person, submit a written postponement request through Najiz in advance.
- Do not sign anything from the employer without reading it carefully — employers sometimes present separation agreements that waive your right to future claims. Only sign if you are satisfied with the terms.
- Request a travel hold from HRSD — if you fear the employer will try to cancel your Iqama or impose a travel ban while the case is active, ask HRSD for a protective measure (حظر المغادرة) at the time you file your complaint.
- Consider a lawyer for large claims — claims over SAR 50,000 or involving complex facts are worth professional legal representation. The cost of a lawyer is typically 10–15% of the claim value as a success fee.
- Track your case on Najiz — go to najiz.sa to monitor case status, download judgments and file enforcement requests. You do not need to visit the court in person for most procedural steps.
What Happens If the Employer Doesn't Pay After Judgment?
Do not assume that winning in court means you will automatically receive payment. Some employers — particularly smaller companies or those in financial difficulty — resist paying even after a final judgment. If this happens, do not wait — act immediately through the Enforcement Court (Mahkamah Al-Tanfidh).
File your enforcement application at najiz.sa with your case number and judgment document. The enforcement court can: freeze the company's bank accounts and halt all transactions, seize company vehicles or equipment, prevent company directors and owners from leaving Saudi Arabia, publish the company on the public Ministry of Commerce non-compliance list, and in cases of wilful refusal, refer the matter for criminal prosecution under the Saudi Wage Protection System (WPS) regulations.
In practice, the threat of bank account freezing is the most effective enforcement tool — most companies pay within days of an enforcement order being filed. HRSD can also pursue employers directly for unpaid wages as a regulatory matter, independently of court proceedings.
Related Labour Law Guides
Frequently Asked Questions — Saudi Labour Court
Can an expat sue their employer in the Saudi Labour Court?
Yes — expat workers have the same right to file labour claims as Saudi nationals. The Labour Court handles unpaid salary, EOSB, wrongful termination, contract violations and more. There are no filing fees, and the process can be completed through Qiwa without a lawyer for most straightforward claims.
How long does a Saudi Labour Court case take?
Cases that settle at HRSD mediation resolve in 3 to 6 weeks. Cases that go to the Labour Court take 3 to 9 months for a first-instance judgment. Complex cases or those with appeals can take 12 to 24 months from filing to final enforcement.
Do I need a lawyer to file a labour case?
No — for straightforward claims like unpaid salary, EOSB or final settlement, you can represent yourself. The HRSD mediation and Labour Court filing are accessible online through Qiwa and Najiz. For claims over SAR 50,000 or complex disputes, hiring a Saudi labour lawyer is strongly recommended.
What is the time limit for filing a Saudi Labour Court case?
You must file within 12 months of the date the right to claim arose — for example, 12 months from your last working day for EOSB claims. This deadline is strict — claims filed after 12 months are typically rejected. File as soon as possible after leaving your employer.
What can I claim in the Saudi Labour Court?
You can claim: unpaid salary, EOSB, annual leave encashment, notice period pay, arbitrary dismissal compensation (up to 2 years' total wage), breach of contract damages, unpaid allowances and repatriation ticket. Non-economic losses like emotional distress require a separate civil claim.
What happens to my Iqama during a labour court case?
Filing a labour case does not automatically cancel your Iqama. HRSD and the Labour Court can issue temporary orders to prevent an employer from cancelling your Iqama or filing huroob while a case is active. Request a protective order from HRSD immediately if you fear employer retaliation.
How do I enforce a Labour Court judgment if my employer doesn't pay?
File an enforcement request through the Enforcement Court via najiz.sa with your judgment document. The enforcement court can freeze bank accounts, seize assets, bar directors from travel and in serious cases pursue criminal prosecution. Most employers pay within days once enforcement proceedings begin.