What Counts as Unfair Dismissal?
Unfair dismissal, in a legal sense, isn't simply an uncomfortable end to an employment relationship — it's a termination that falls outside the cases defined by the employment contract and the law together. Saudi labor law presumes that continuity of the employment relationship is the default, and that an employer ending it needs a clear, legitimate justification. When that justification is absent — or merely nominal without real substance — the termination becomes unfair dismissal warranting compensation separate from any other entitlements.
Cases Where Termination Without Compensation Is Allowed
The law defines a limited set of cases where an employer may end a contract without compensation, such as a proven assault by the employee against the employer or responsible manager, repeated unexcused absence after warning, or disclosing material trade secrets. These cases are exceptional and specific, and any termination falling outside them — even if it appears administratively justified to the employer — may be treated by the labor court as full unfair dismissal. One of the most important things we review in these cases is the termination letter itself: does it cite a specific reason, and does that reason actually fall within the cases the law allows?
How Is Unfair Dismissal Compensation Calculated?
The law entitles an employee harmed by unfair dismissal to compensation typically calculated as two months' wages per year of service — entirely separate from the end-of-service award already owed regardless of why the contract ended. In other words, an employee who proves unfair dismissal receives the full end-of-service award plus the unfair dismissal compensation itself — a point that often confuses employers who assume paying the award alone closes the matter.
The Relationship Between Unfair Dismissal and the Employment Contract
Many unfair dismissal disputes trace back to ambiguous drafting in the employment contract itself — unclear probation clauses, or early-termination terms that don't align with the law. That's why we always recommend a proactive contract review, whether you're an employee wanting to understand your rights or an employer wanting to draft contracts that protect the business from future disputes.
Why This Matter Is Especially Sensitive in the Industrial Sector
At heavy manufacturing facilities and in the oil and gas sector across the Eastern Province, contract terminations tied to project restructuring or the end of a subcontracting agreement are common. In many of these cases, employers conflate "the project ending" with "a lawful cause for dismissal," while the law doesn't necessarily treat the two the same way. We help major industrial operators manage these situations collectively in a way that reduces legal exposure, while also helping individual employees understand their position precisely.
Steps to File an Unfair Dismissal Claim
Most unfair dismissal cases begin with an attempted amicable settlement through the labor office, and if that fails, the case is referred to the relevant labor court. It's essential to note that the law sets a maximum period of twelve months from the end of the employment relationship to file the claim, and missing this period can forfeit the right to claim. We recommend not delaying a legal consultation the moment you suspect a termination was unlawful.
The Difference Between Unfair Dismissal and Pressured Resignation
A situation we see often in our files is an employee being pressured into submitting a "voluntary" resignation instead of being formally dismissed, in order to avoid entitlement to compensation. Legally, if it's shown that the resignation resulted from pressure, threat, or deception by the employer, it isn't treated as a genuine resignation but as disguised unfair dismissal warranting the same compensation. Proving this type of case requires precise documentation of the correspondence and circumstances surrounding the resignation, which we help clients gather and present correctly before the labor court.
The Role of Documents and Witnesses in Proving Unfair Dismissal
The strength of any unfair dismissal case depends on the quality of available documentation: the termination letter itself, attendance records, prior performance evaluations, and any email or text correspondence clarifying the circumstances of termination. In many cases, colleagues' testimony is decisive in proving the stated reason for dismissal doesn't reflect what actually happened. We always recommend gathering this documentation the moment you sense termination is imminent or unjustified, rather than trying to assemble it later once it's too late.
How Our Firm Helps
We review the termination letter, disciplinary record, and related documents within a business day in most cases, and give you a candid assessment of the case's chances before any commitment. We also follow up on GOSI social insurance matters tied to dismissal cases, to confirm your retirement entitlements aren't affected by how the contract was ended. If you have further questions or want a free legal consultation, our team is available on WhatsApp around the clock.
Frequently Asked Questions
What's the deadline to file an unfair dismissal claim?
The claim must be filed within twelve months of the end of the employment relationship under labor law.
Does compensation include the end-of-service award too?
Yes, the end-of-service award is a separate entitlement from unfair dismissal compensation, and neither cancels the other.
Can an employer end a contract during probation without compensation?
Usually yes, provided the probation period is clearly stated in the contract and within the legally allowed duration.
What if the reason for dismissal is project closure or downsizing?
This requires careful assessment — a project ending doesn't necessarily mean there's a lawful basis for dismissal without compensation, and we review each case individually.
Can I negotiate with the employer before filing a lawsuit?
Yes, and we often recommend attempting an amicable settlement first through the labor office, which is faster and less costly than full litigation if the other party agrees.