PinoyTalks.com

Annual leave in Saudi Arabia under Article 109

Pinoytalks

Annual Leave in Saudi Arabia: Article 109 Rules Every OFW Must Know (2026 Guide)

Learn the official rules on annual leave in Saudi Arabia under Article 109. Discover leave days, employer rights, and key compliance tips for Overseas Filipino Workers.

annual leave Saudi Arabia Article 109

Introduction

Alam mo ba na hindi mo pwedeng ipalit sa cash ang leave mo habang nagtatrabaho ka pa sa Saudi Arabia? Maraming OFWs ang nagkakamali dito at nagkakaroon ng misunderstanding sa employer.

In Saudi Arabia, annual leave is governed by Article 109 of the Saudi Labor Law, which clearly defines employee entitlements, employer responsibilities, and compliance requirements. Understanding these rules is critical for both workers and employers to avoid disputes and ensure lawful practice.

What is Annual Leave Under Article 109?

Under Article 109, every worker in Saudi Arabia is entitled to a paid annual leave, commonly referred to as vacation leave.

Key Entitlements:

Minimum of 21 days annual leave
Increased to 30 days after completing 5 consecutive years with the same employer
Leave must be paid in advance

This means that your employer is required to provide your leave salary before you go on vacation.

Is Annual Leave Convertible to Cash?

One of the most misunderstood rules under annual leave Saudi Arabia Article 109 is this:

❌ You cannot convert your leave into cash while still employed

The law explicitly states that:

Leave must be taken in the year it is due
Employees cannot waive their leave rights for monetary compensation during active employment

Exception:

✔️ Leave can only be converted to cash upon end of employment, based on Article 111

Who Decides When You Take Leave?

Another important rule:

✔️ The employer has the right to schedule your leave

This includes:

Setting leave dates based on business needs
Implementing rotational leave schedules
Ensuring smooth workflow in the company

However, there is a condition:

✔️ The employer must notify the employee at least 30 days in advance

Can You Refuse the Scheduled Leave?

In general:

Employees are expected to comply with scheduled leave
Refusal may lead to internal company issues unless justified

However, mutual agreement between employer and employee is always encouraged.

What Happens If Leave is Not Used?

If you fail to use your leave:

It cannot be forfeited automatically
It may be carried forward based on company policy
Or compensated only upon termination (Article 111)

Common Problems OFWs Face (Real Scenarios)

1. “Papayag na lang ako sa cash kaysa leave”

⚠️ Not compliant with Saudi Labor Law

2. “Hindi ako pinapayagan mag leave”

✔️ Employer must allow leave within reasonable scheduling

3. “Hindi ako na-notify ahead of time”

✔️ This may violate the 30-day notice requirement

Legal Basis and Official References

For accurate and updated information, refer to:

Ministry of Human Resources and Social Development
Official Saudi Labor Law PDF (MHRSD website)
Qiwa Platform: https://www.qiwa.sa
Labor services portal: https://www.hrsd.gov.sa

These platforms provide the most reliable and official guidelines.

How Article 109 Connects to Other Labor Laws

Understanding annual leave Saudi Arabia Article 109 is easier when connected to related provisions:

Article 111 – Unused Leave Pay

Governs payment for unused leave after resignation or termination
👉 https://pinoytalks.com/d/145-unused-leave-pay-in-saudi-arabia-article-111

Article 75 – Notice Period

Important when planning leave before resignation
👉 https://pinoytalks.com/d/146-how-to-end-an-indefinite-qiwa-contract-in-saudi-arabia

Practical Tips for OFWs

✔️ Always Check Your Qiwa Contract

Ensure your leave entitlement is clearly stated.

✔️ Keep Records

Document:

Leave approvals
Salary payments
Communication with employer

✔️ Plan Your Leave Early

Coordinate with your employer to avoid scheduling conflicts.

✔️ Avoid Verbal Agreements Only

Always ensure leave arrangements are documented.

Frequently Asked Questions (FAQs)

1. Pwede bang i-cash ang leave habang employed?

Hindi. Bawal ito under Article 109.

2. Ilang days ang leave sa Saudi?

21 days minimum, 30 days after 5 years.

3. Sino ang magde-decide ng leave schedule?

Employer, pero may 30 days notice dapat.

4. Pwede bang hindi gamitin ang leave?

Hindi dapat—kailangan gamitin sa tamang year.

5. Ano mangyayari sa unused leave?

Babayaran ito kapag natapos ang kontrata (Article 111).

6. Pwede bang mag-request ng specific leave date?

Yes, but subject to employer approval.

7. Required ba ang advance pay?

Yes, leave must be prepaid.

8. Pwede bang i-delay ang leave?

Possible, depending on work requirements.

9. Applicable ba ito sa lahat ng workers?

Yes, under Saudi Labor Law (private sector).

10. Ano ang dapat gawin kung hindi sinusunod ng employer?

You may raise concerns through official labor channels like MHRSD.

Conclusion

Mahalagang maintindihan ng bawat OFW ang tunay na rules ng leave sa Saudi para hindi ka malugi o ma-mislead. Ang simpleng kaalaman sa Article 109 ay makakatulong para maprotektahan ang karapatan mo bilang empleyado.

Understanding annual leave Saudi Arabia Article 109 ensures that you are compliant with the law and aware of your entitlements. Always rely on official sources and avoid assumptions or informal agreements that may lead to disputes.

Gusto mo ng step-by-step guides tungkol sa Qiwa, resignation, transfer, at benefits?

👉 Visit: https://pinoytalks.com
👉 Join discussion: PinoyTalksKSA

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Labor cases may vary depending on individual circumstances. Always verify through official platforms such as the Ministry of Human Resources and Social Development, Qiwa, or consult authorized professionals.

Carlos

My annual leave is delay for 95 days without my consent is this breach of contract?April 5, 2026 My Wife call me Crying
She told me that her sister died.
That's why on April 5, 2026 i told
to Mr. Wasem that i can't Work because
My wife Sister died. and Mr. Wasem
Agree. and i send him Message
in What's up that he booking me
April 24, 2026 and he Reply Dont
Worry. and April 19, 2026 i send Email
to my Company Same Email Written
in my Contract, I said i have Finish
my two years and i wish to get
my Vacation may 5, 2026 due my
wife is in depression State and
i will take 42 days Vacation.
and April 20, 2026 that day is my
day off Mr. wasem Send a Mesage
in what's up asking me to send
a Pdf copy of my Contract and
a Copy of my Passport, and
he told me to Come to Plant
Z Burger.and talk to Mr. Mohamed Manager
of Plant z Burger for Booking.
When i come Mr. Mohamed compute
my anual Leave for 42 days he
said that i will Recieved a total of
2800, and he told they need 1
month Before they give my Vacation
Mr. Mohamed said that i can choose
May 21 and above. then Mr. Mohamed
Explain me that Mr. Wasem will not
gave a ticket money Because in my
Contract it is not written that if I Go
Vacation they will Provide my ticket.
But still i agree that there is no
Problem i will pay for my ticket Because
my wife needs my Emotional Support.
and he Explain that Mr. Wasem will
give the 2800 for Anual leave for
two years, and Mr. Mohamed told
me to that out of kindness Mr.
Wasem will give 1200 to add
for my expenses for ticket.SO I TELL MR. MOHAMED BEACAUSE
IM THE ONE WHO WILL PAY FOR MY
TICKET MR. WASEM SHOULD PAY FOR
574.75 THAT I PAY FOR TABBY (T.V.)
THAT HE ASK ME TO PURCHASED FOR
THE STORE. I TOLD TO MR. MOHAMED
THE TOTAL IS 4575 THAT MR. WASEM
NEED TO GIVE ME, 2800 FOR ANNUAL
LEAVE, 1200 FOR THE TICKET AND
574.75 FOR THE TABBY. AND APRIL
21, 2026 I SEND A MESSAGE IN
WHAT'S UP TO MR. WASEM THAT I
WOULD LIKE TO TRAVEL TO MAY 5, 2024
and I told HIM GOD KNOWS I DONT
WANT TO GO VACATION BEACAUSE I DONT
HAVE SAVINGS. ALL I WANT IS TO SUPPORT
MY WIFE, BEC. MY WIFE IS STRESS AND
DEPRES FOR HER SISTER DIED, AND
MR. WASEM REPLY THAT I CAN
BOOK AFTER MAY 15, 2024.
SO I TOLD HIM IN STORE VERBAL
THAT I WILL TAKE MY
VACATION MAY 23, 2026 AND THEN
I SEND A EMAIL
MAY 4, 2026, ASKING TO RENEW
MY IQAMA EVEN FOR THREE MONTHS
BEACAUSE I WILL GO VACATION MAY,
23, 2026 AND GIVE MY EXIT RE-
ENTRY VISA AND THE MONEY BEFORE
MAY 23, 2026. BUT THEY REPLY
IN EMAIL THAT I NEED TO PAY
FOR THE BROKEN DOOR BEFORE
I GO VACATION. MAY 10, 2026
I SEND MESSAGE TO MR. WASEM
THAT MY RESIDENCY EXPIRED DATE
DOESN'T CHANGE AND REMIND HIM
THAT I WILL TRAVEL MAY 23, 2026
HE REPLY TO ME (DONT WORRY).
and ON WEDNSDAY 24 of JUNE 2026
THEY RENEW MY IQAMA.july 14 I message me.wasem in what's up asking for my vacation Beacause he said before after hajj I can go vacation but it's July now still I don't get my vacation he reply that if the new guy come and know everything I can go vacation or even go exit it will not have problem..Beacause of this I want to terminate my contract and look for a new employer when I complain..I finish my two years contract terminated upon it's expiration now I have a new contract with one year fixed term with notice period 60 days not probation..and the plant z burger mr.mohamed is not part of our company that is Mr Waseem friend only..

Pinoytalks

Based on the facts you gave, you may have a valid labor complaint regarding your annual leave, but I would not describe it simply as “95 days late = automatic breach.” The legal calculation is more specific.

Under Articles 109–110 of the Saudi Labor Law, you are entitled to at least 21 days of paid annual leave per year, paid in advance. The employer may schedule the leave according to operational needs and may postpone leave after the year in which it became due for up to 90 days. A further postponement requires the worker's written consent.

How this applies to your case

You formally requested your vacation by email on April 19, 2026, requesting travel around May 5, 2026, and later agreed to May 23, 2026. As of July 16, 2026, that is about 88 days since your written request, or 72 days since May 5—not 95 days. More importantly, however, the statutory 90-day period is not automatically counted from your vacation request date. It depends on when each portion of your annual leave legally became due.

Your case becomes stronger because you say that you had already completed two years of service and had accumulated 42 days of annual leave. If leave from an earlier service year had already been carried beyond the permitted postponement period without your written agreement, that could constitute a violation of Articles 109–110. Your WhatsApp messages and emails showing repeated requests and the employer repeatedly postponing you could be important evidence.

There is an even more important issue. You said your original two-year contract was terminated upon expiration, and you now have a separate one-year fixed-term contract. If the first employment relationship legally ended rather than merely being renewed, Article 111 provides that unused accrued annual leave must be paid when the worker leaves employment. Starting another contract would not simply erase unpaid leave entitlements from the terminated contract. ([HRSD][1])

Can you terminate the new contract because of this?

Possibly, but do not assume Article 81 automatically applies. Article 81 permits a worker to leave without notice while preserving statutory rights when, among other grounds, the employer fails to fulfill an essential contractual or statutory obligation. A serious, documented failure to provide statutory annual-leave rights could potentially be raised under this provision, but whether your particular circumstances are sufficient would ultimately depend on the evidence and legal assessment of the case.

Because your current contract is a one-year fixed-term contract, I would be cautious about simply selecting Article 81 in Qiwa and stopping work. An unjustified early termination of a fixed-term contract can potentially create a compensation dispute.

Your strongest complaint points

I would organize your evidence around these issues:

1. Accrued annual leave: You completed two years and claim 42 unused days.

2. Repeated written requests: April 19 email, April 21 WhatsApp, May 4 email, May 10 WhatsApp, and July 14 WhatsApp.

3. Repeated postponements: You were first told May, then after May 15, then after Hajj, and finally that you could travel only after a new employee was trained.

4. No written consent from you: You did not agree in writing to an indefinite postponement of your accrued leave.

5. Possible unpaid leave balance when the original contract ended: If Qiwa genuinely shows the first contract terminated upon expiration, this is particularly important under Article 111.

6. Conditioning your vacation on payment for the broken door: Any claimed employee liability or wage deduction has its own legal procedures; it should not automatically erase your statutory leave entitlement. Saudi Labor Law also regulates deductions for alleged employee-caused damage.

One correction: in your written statement, change “May 5, 2024” and “May 15, 2024” to 2026 if those are typographical errors. Incorrect dates could seriously weaken your complaint.

My assessment is: you appear to have reasonable grounds to file a labor complaint about delayed or unpaid accrued annual leave, especially if the original two-year contract actually ended without settlement of the 42 days. However, the leave issue alone does not automatically guarantee that an Article 81 termination will be accepted. The safer legal route is to document the violation first through HRSD's labor dispute process and preserve all emails, WhatsApp screenshots, Qiwa contracts, the old contract termination record, iqama renewal records, and salary statements. HRSD identifies Friendly Settlement as the first stage for labor disputes.

Carlos

Pinoytalks sir if I complain can I ask for transfer in amicable settlement?

Quick Links: Souq Blog OFW Tools Videos Ask the Community