Employment of women
Article 155 of the Saudi Labour Law:no dismissal during pregnancy or maternity leave
Since its 1440H amendment, Article 155 bars dismissing a female employee, or giving her notice of dismissal, during pregnancy or maternity leave. The protection also covers illness caused by either, if medically certified, up to 180 days a year.
- Article 155
- Explanatory guidance
Article 155 protects a female employee during pregnancy and maternity leave, and during illness caused by either. The 1440H amendment widened this protection, and many employers have not caught up with the change.
Before the amendment, the ban covered only maternity leave. Now it starts from the pregnancy and covers notice of dismissal as well as dismissal itself. This matters because notice is the first formal step towards dismissal.
The same decree repealed Article 156 and moved its content into Article 155. Article 156 should no longer be cited.
The text of the article
An employer may not dismiss a female worker or serve her notice of dismissal during her pregnancy or her maternity leave, including the period of illness arising from either, provided the illness is established by a certified medical report and her absence does not exceed one hundred and eighty days a year, whether continuous or intermittent.
Status of the text: Amended by Royal Decree M/134 dated 27/11/1440H. The same decree repealed Article 156 and merged its content into this article.
The official reference is the Arabic text published by the Bureau of Experts at the Council of Ministers.
The English above is a working translation.
Protection starts at pregnancy
The current text bars dismissal and notice "during her pregnancy". Protection starts with the pregnancy, not when maternity leave begins. That is the main change from the old text.
How the 180 days are counted
Protection during illness caused by pregnancy or birth has two conditions: a certified medical report, and absence of no more than one hundred and eighty days a year. The text says continuous and intermittent absence count together.
What the article does not do
It bars dismissal and notice during or because of this period. The rest of the Law still applies to the employee. When a fixed-term contract expires, that is not a dismissal. It is a separate ground under Article 74. Article 155 makes no exception for dismissal under Article 80 during pregnancy, so take professional advice before any such decision.
What the employer needs in place
- The pregnancy notification and its date recorded in the employee file, since protection runs from it.
- Certified medical reports on file for illness caused by pregnancy or birth.
- An annual absence count that adds continuous and intermittent days together, up to one hundred and eighty.
- A rule that stops any warning or dismissal step during the protected period.
- Maternity leave under Article 151 kept separate from related sick absence.
Common mistakes
Citing Article 156
Royal Decree M/134 of 1440H repealed it and moved its content into Article 155. It is no longer in force.
Limiting protection to maternity leave
The current text starts at pregnancy and covers notice of dismissal as well as dismissal.
Counting continuous absence only
The one hundred and eighty days include both continuous and intermittent absence in the year.
How Barez applies this article
Leave types kept apart
Maternity, sick and annual leave are separate balances in Barez, so one is never deducted from another by mistake.
Medical attachments with the request
The medical certificate is attached to the request and saved in the employee file.
An audit trail for every step
Warnings and administrative actions are recorded with their date and author. This lets an employer show that the protected period was respected.
Sources
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.
Article 155
Frequently asked questions
Can a pregnant employee be dismissed in Saudi Arabia?
No. Article 155 bars dismissal and notice of dismissal during pregnancy and during maternity leave. The protection also covers illness caused by either, if medically certified, up to one hundred and eighty days a year.
How long is maternity leave?
Twelve weeks on full pay under Article 151. The six weeks after the birth are mandatory. The employee can place the other six weeks as she chooses, starting no earlier than four weeks before the expected date of delivery.
Is Article 156 still in force?
No. Royal Decree M/134 dated 27/11/1440H repealed it and merged its content into Article 155, with wider protection.
Labour law articles
Continue from here
Maternity leave and entitlements
Leave periods, pay and the nursing hour.
Article 80: dismissal without gratuity
The exceptional cases and their narrow conditions.
Leave management
Separate balances for every leave type.
Sick leave
Illness caused by pregnancy or childbirth, and how sick-leave pay is graded.
Article 74 of the Saudi Labour Law: when an employment contract ends
Article 74 lists every ground on which an employment contract ends, including resignation and bankruptcy rulings, both added in 1446H. The ground decides what the employee is owed, so settle it first.
Article 77Article 77 of the Saudi Labour Law: compensation for unlawful termination
Article 77 sets a fixed formula for compensation: fifteen days' wage per year of service on an indefinite contract, or the wage for the remaining term on a fixed one, and never less than two months' wage.
Article 80Article 80 of the Saudi Labour Law: nine cases for dismissal without gratuity
Article 80 is a narrow exception to employee protection. It lists nine cases that allow termination without gratuity, notice or compensation. In every case, the employee must first be given the chance to object.
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