Annual leave is the most used entitlement and the most disputed in application, because the argument is never about the principle but about the detail: twenty-one days or thirty, from when, can it be cashed out, and who sets the dates.
Article 109 answers all of that in two paragraphs. Note the wording: it says "not less than", so the figure is a floor. An employer may grant more and may not grant less.
The text of the article
- 1A worker is entitled, for each year, to annual leave of not less than twenty-one days, increased to not less than thirty days if the worker has spent five consecutive years in the employer's service. The leave is paid in advance.
- 2The worker shall take the leave in the year it accrues and may neither waive it nor receive a cash substitute for it during service. The employer may set the dates according to the needs of work, or grant leave in rotation to keep the work running, and shall notify the worker of the date sufficiently in advance, not less than thirty days.
Status of the text: This article has not been amended; the text below is the original operative text.
The Arabic text published by the Bureau of Experts at the Council of Ministers is the reference; the English above is a working translation.
What the article means in practice
Five consecutive years with the same employer
The increase to thirty days is not triggered by five years in the labour market but by five consecutive years in the same employer's service. A worker who moves between establishments starts the count again.
Paid in advance
The text requires the leave to be paid in advance, that is before it starts rather than with the following month's payroll. Many employers overlook this despite its clarity; it is part of the entitlement, not a procedural detail.
No cash substitute during service
Paragraph 2 prohibits taking money instead of the leave while in service, the point being that the rest is actually taken. Payment for an unused balance at the end of service is a separate right under Article 111.
The employer sets dates, with notice
The employer may set the leave dates according to the needs of work or grant them in rotation, but must notify the worker at least thirty days ahead. The discretion is conditioned by notice, not unrestricted.
What a leave balance needs
- 1A balance that accrues monthly rather than annually, so the true entitlement shows on any date.
- 2A rule that lifts the balance to thirty days automatically at five consecutive years.
- 3Payment of leave pay before the leave begins.
- 4Written notice of employer-set leave dates at least thirty days ahead.
- 5Carry-over and deferral handled within the limits of Article 110.
Mistakes that recur in practice
Thirty days for five years of experience
The condition is five consecutive years with the same employer, not total career length.
Buying out leave during service
Paragraph 2 prohibits a cash substitute while in service; payment for the unused balance arises at the end under Article 111.
Short notice of leave dates
The notice period is not less than thirty days, so telling an employee a week ahead breaches paragraph 2.
How Barez applies this article
A balance that accrues monthly
Barez accrues the balance monthly from the start date and shows it to the employee at the moment of request.
The five-year step is automatic
On completing five consecutive years the annual entitlement rises on its own, rather than waiting for HR to remember.
Requests follow an approval route
Leave requests reach the right manager and land in the team calendar and in payroll, with no side spreadsheet.
Sources
- Saudi Labour Law, Bureau of Experts at the Council of Ministers
- Ministry of Human Resources and Social Development
This page is explanatory guidance, not legal advice. In a dispute, rely on the official text and consult the Ministry of Human Resources and Social Development or a licensed lawyer.