Overtime Eligibility Rules Saudi Arabia — Who Qualifies 2026

The General Rule — Most Workers Are Eligible

Saudi Labour Law provides overtime protection to the vast majority of private sector workers. The default position is that you are eligible for overtime pay unless you fall into one of the specifically exempt categories defined in the law.

Many expats are told by their employers that they are not eligible for overtime — sometimes incorrectly. Understanding the exact eligibility rules is important because unpaid overtime can represent a significant amount of money owed over months or years of service.

Who Is Eligible for Overtime?

• All standard private sector employees working beyond 8 hours per day
• Technical staff, engineers, IT professionals and specialists
• Administrative staff, coordinators and executives below senior management
• Sales staff, customer service teams and operations staff
• Supervisors and team leaders who do not have genuine hiring and firing power
• Workers on project-based assignments who exceed daily hour limits
• Part-time workers who exceed their agreed working hours

Who Is Exempt from Overtime?

The Senior Manager Exemption — What It Actually Means

The most commonly misapplied exemption is the senior manager exemption. Under Article 98 of Saudi Labour Law, workers who occupy genuine senior management positions are exempt from overtime provisions.

However the exemption requires genuine authority — not just a job title. To qualify for the exemption the person must:

• Have actual authority to hire employees independently
• Have actual authority to fire employees independently
• Be at a level where their decisions affect the business significantly
• Be compensated at a level that reflects senior management status

If you have the title of "Manager" or even "Director" but you cannot hire or fire anyone without approval from above — you are likely not a senior manager in the legal sense and you should be eligible for overtime pay.

All-Inclusive Salary Contracts and Overtime

Some employment contracts include a clause saying the salary is "all-inclusive" or "includes overtime." This is a common employer tactic to avoid paying separate overtime. Here is the legal reality:

• An all-inclusive clause is only valid if the contracted salary is genuinely high enough to reasonably compensate for expected overtime at the legal rates
• Saudi Labour Courts have frequently ruled in favor of employees who claimed additional overtime even when contracts had all-inclusive clauses — if the amounts were clearly insufficient
• A clause that says "salary includes unlimited overtime" is generally considered unenforceable as it attempts to waive a statutory right
• If you have worked significant overtime and have documented hours, you can still file a claim at HRSD even with an all-inclusive contract clause

How to Calculate Overtime You Are Owed

How to Prove Overtime Hours Worked

The biggest challenge in overtime claims is proving the hours worked. Evidence that is useful:

• Access card logs — building entry and exit records are strong evidence of actual hours worked beyond the standard day
• Email timestamps — emails sent or received late at night or on weekends prove you were working outside normal hours
• Manager instructions in writing — WhatsApp or email from a manager asking you to stay late or work on a rest day
• Personal timesheet — keep your own record of overtime hours worked each day. Even a personal record carries weight when combined with other evidence
• Payslip analysis — if your payslips show zero overtime for months where you clearly worked extra hours this supports your claim

What If Your Employer Wrongly Claims You Are Exempt?

If your employer is claiming you are exempt from overtime but you do not believe you meet the genuine senior management criteria, here is what to do:

• Document your actual role and responsibilities clearly — what decisions you can make independently vs what requires approval
• Review your job description — does it actually grant independent hiring and firing authority?
• Consult a professional before filing — the distinction between eligible and exempt can be technical and a consultation helps assess your specific case
• File an HRSD complaint — present your evidence of hours worked and challenge the exemption claim. HRSD will assess the actual nature of your role

Frequently Asked Questions