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Article 155

Article 155 of the Saudi Labour Law: no dismissal during pregnancy or maternity leave

As amended in 1440H, Article 155 bars dismissing a female worker or serving notice of dismissal during pregnancy or maternity leave, and extends the protection to illness arising from either, certified medically and capped at 180 days a year.

Article 155 protects a female worker across two connected phases, pregnancy itself and maternity leave, then extends the protection to illness arising from either. The 1440H amendment widened it in a way that is still widely missed.

Before the amendment the ban covered only the maternity leave period. Afterwards it starts from the pregnancy itself and covers notice of dismissal as well as dismissal, which matters because notice is the procedural gateway to dismissal.

Article 156 was repealed by the same decree and its content folded into Article 155, so citing Article 156 today is citing a repealed text.

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 The same decree repealed Article 156 and merged its content into this article.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 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

Protection starts at pregnancy

The operative text bars dismissal and notice "during her pregnancy", so protection runs from the pregnancy and does not wait for maternity leave to begin. That is the substantive difference from the repealed text.

The 180 days count both ways

Extending protection to pregnancy-related or birth-related illness carries two conditions: a certified medical report, and absence not exceeding one hundred and eighty days a year. The text is explicit that continuous and intermittent absence are counted together.

What the article does not do

It bars dismissal and notice during or because of this period; it does not place the worker beyond the rest of the Law. Expiry of a fixed-term contract remains a ground under Article 74, and the cases in Article 80 remain governed by their narrow conditions and a heavy burden of proof.

What the employer needs in place

  1. 1The pregnancy notification and its date recorded in the employee file, since protection runs from it.
  2. 2Certified medical reports on file for illness arising from pregnancy or birth.
  3. 3An annual absence counter combining continuous and intermittent days and stopping at one hundred and eighty.
  4. 4A rule halting any warning or dismissal step during the protected period.
  5. 5A clear separation between maternity leave under Article 151 and related sick absence.

Mistakes that recur in practice

Citing Article 156

It was repealed by Royal Decree M/134 of 1440H and folded into Article 155, so it is no longer an operative text.

Limiting protection to maternity leave

The operative text begins at pregnancy and covers notice of dismissal, not dismissal alone.

Counting continuous absence only

The one hundred and eighty days combine continuous and intermittent absence within 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 certificate is attached to the request itself and stored in the employee file, keeping the proof with the case.

An audit trail for every step

Warnings and administrative actions are stamped with their date and author, which is how an employer shows 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.

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, and extends protection to illness arising from either, certified medically and capped at one hundred and eighty days a year.

How long is maternity leave?

Ten weeks on full pay, distributed as the worker chooses and starting no earlier than four weeks before the expected date of delivery, with employment prohibited in the six weeks following the birth, under Article 151.

Is Article 156 still in force?

No. It was repealed by Royal Decree M/134 dated 27/11/1440H and its content merged into Article 155 in wider terms.

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