Article 88 Saudi Labor Law Explained: When Must Employers Pay Final Salary and End of Service Benefits?
Article 88 Saudi Labor Law
Intro:
Kung paalis ka na sa trabaho sa Saudi o katatapos lang ng contract mo, siguradong tanong mo: “Kailan ko makukuha ang sahod at benefits ko?” Maraming OFWs ang nalilito dito lalo na kapag delayed ang final pay o hindi agad binibigay ng employer.
In this guide, we will break down Article 88 of the Saudi Labor Law, explain your rights, timelines, and what to do if your employer delays your payment.
Kabayan Question of the Day???
A reader from our community asked:
"Sir good, may tanong lang po ako about sa end of service, nakalipat na ako ng company last April 20,mga ilang araw bago ko makukuha ang end of service benefits?"
What is Article 88 of Saudi Labor Law?
Article 88 clearly defines when an employer must release the worker’s final dues after the employment relationship ends.
If the employer ends the contract → payment must be within 7 days
If the worker resigns → payment must be within 14 days
Employer can deduct valid work-related debts
This article is critical because it protects workers from delayed salary and unpaid benefits after resignation, termination, or contract expiry.
Why Article 88 Matters for OFWs in Saudi Arabia
Many OFWs experience:
- Delayed final salary
- Unpaid overtime
- Missing End-of-Service Benefits (EOSB)
- Employer holding payments without valid reason
Article 88 acts as your legal basis to demand your rightful compensation within a fixed timeframe.
Breakdown of Article 88 (Simple Explanation)
1. If Employer Ends the Contract (Termination / Expiry)
If your employer:
- Terminates your contract
- Or your contract expires and is not renewed
👉 They must pay your full dues within 7 days
This includes:
- Final salary
- Unpaid wages
- Overtime pay
- Leave encashment
- EOSB (End of Service Benefit)
2. If You Resign (Worker Initiated)
If ikaw ang nag-resign:
👉 Employer has up to 14 days to release your dues
Why longer?
Because resignation is initiated by the employee, the law gives employers extra time to process clearance and calculations.
3. Employer’s Right to Deduct
Employers are allowed to deduct:
- Company loans
- Cash advances
- Documented damages or liabilities
⚠️ BUT:
Deduction must be valid, documented, and work-related
Hindi pwede basta “imbento” or pananakot lang.
What Payments Should You Receive?
Under Article 88, your final settlement should include:
✔️ 1. Unpaid Salary
All remaining wages hanggang last working day
✔️ 2. End of Service Benefit (EOSB)
Based on:
- Length of service
- Last salary
✔️ 3. Unused Leave Pay
Vacation leave na hindi nagamit
✔️ 4. Overtime Pay (if applicable)
✔️ 5. Other Contractual Benefits
Any allowance or benefits stated in your contract
Real Scenario: OFW Case Example
Case:
Kabayan worked for 5 years, then resigned.
Employer delayed payment for 1 month.
Legal standing:
- Article 88 says: 14 days only
- Delay beyond this = violation
👉 Worker can file a complaint through MHRSD (Ministry of Human Resources and Social Development)
What If Employer Delays Payment?
If lumagpas na sa 7 or 14 days:
Step-by-Step Action:
1. Communicate First
- Request your final dues formally (email or written)
2. Gather Evidence
- Contract
- Payslips
- Qiwa contract record
- Exit/termination proof
3. File Complaint via MHRSD
You can file through:
- MHRSD portal
- Labor office
4. Escalate to Labor Court (Najiz)
If unresolved:
- File case via Najiz (Ministry of Justice platform)
Common Mistakes OFWs Should Avoid
❌ Waiting Too Long
Many workers wait months before complaining
👉 Reality: You already have legal ground after deadline
❌ Accepting Partial Payment Without Documentation
Some employers:
- Give partial payment
- Ask you to sign “fully paid”
⚠️ Be careful — this can weaken your claim
❌ Not Checking Qiwa Contract
Your contract in Qiwa is important:
- It defines your salary
- It affects EOSB computation
Article 88 vs Other Important Labor Articles
To fully understand your rights, combine Article 88 with:
🔹 Article 84 – EOSB
Defines how your end-of-service benefit is computed
🔹 Article 75 – Termination Rules
Explains valid termination conditions
🔹 Article 77 – Compensation
Covers compensation for unjust termination
Does Article 88 Apply to Domestic Workers?
⚠️ Important:
Domestic workers (under Musaned) follow a slightly different system.
However:
- Final dues must still be paid
- Delays can still be reported
👉 Always check your contract in Musaned
FAQs About Article 88
Q1: Pwede bang i-delay ng employer ang sahod dahil wala pang kapalit?
👉 No. Replacement is NOT a valid reason to delay payment.
Q2: Pwede bang hindi ibigay EOSB?
👉 No, if you are eligible under law and contract.
Q3: Paano kung pinapapirma ako na “received full payment” pero hindi pa kumpleto?
👉 Do NOT sign unless fully paid.
Q4: Automatic ba ibibigay ang final pay?
👉 Ideally yes, but in reality, many cases require follow-up or complaint.
Practical Tips for OFWs
- Always keep a copy of your contract
- Track your last working day
- Document all communication
- Know your timeline (7 or 14 days)
- Use official platforms (Qiwa, MHRSD, Najiz)
Watch Video on Youtube:
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Conclusion
Kung ikaw ay paalis na sa trabaho sa Saudi, importante na alam mo ang Article 88 dahil ito ang proteksyon mo laban sa delayed sahod at benefits. Hindi ka dapat matakot mag-demand ng karapatan mo lalo na kung malinaw naman ang batas.
Always remember: kung lagpas na sa 7 or 14 days at wala ka pang natatanggap, may karapatan kang magreklamo at i-escalate ang kaso mo sa tamang proseso.
Want To Know More Kabayan?
👉 For full step-by-step guides, real OFW cases, and templates:
Visit pinoytalks.com or join PinoyTalksKSA community
Disclaimer
This content is for general informational purposes only and does not constitute legal advice. Labor cases may vary depending on contract and situation. Always verify through official Saudi platforms such as MHRSD, Qiwa, Musaned, and Najiz before taking action.
