The Saudi Labor Law (SLL) grants a unique statutory exemption to female workers, allowing them to receive their full End-of-Service Benefit (EOSB) upon resignation, regardless of service duration, when the resignation is due to marriage or childbirth.
This powerful protection, outlined in Article 87, overrides the standard proportional reductions (⅓ or ⅔) applied under Article 85 for voluntary resignations.
It is designed to provide financial stability and social support during these pivotal life events.
The Mandate of Full Entitlement Under Article 87
Article 87 acts as a direct legal exception to the tiered resignation penalties of Article 85, granting 100% of the accrued EOSB - calculated using Article 84 (½-month wage per year for the first five years and 1-month wage per year thereafter).
| Standard Resignation (Article 85) | Article 87 Exception (Full Award) |
|---|---|
| Worker receives ⅓ or ⅔ of the full award based on service (2–10 years). | Worker receives 100% of the accrued EOSB, even with less than 5 years of service. |
This article reflects the Kingdom’s continuing commitment to protecting female workforce participation while ensuring social and family balance.
👉 Review the Full Resignation and Termination Entitlement Rules →
The Two Qualifying Conditions and Strict Deadlines
Full entitlement under Article 87 applies only if the resignation meets one of the two following conditions - each with strict time limits.
Condition 1: Resignation Due to Marriage
- Rule: Full EOSB entitlement applies if the worker resigns within six months from the date of marriage.
- Deadline: Exactly six calendar months from the marriage date.
Resignation even one day beyond this limit reverts the case to Article 85 (reduced entitlement).
Condition 2: Resignation Due to Childbirth
- Rule: Full EOSB entitlement applies if the worker resigns within three months from the date of childbirth.
- Deadline: Strictly three calendar months from the delivery date.
This rule operates independently of maternity leave or any other statutory rights.
Scenario Example: Article 87 Overriding the ⅓ Rule
The following example demonstrates how Article 87 can triple a female worker’s EOSB payout by removing proportional reductions.
| Background Detail | Value | Legal Result |
|---|---|---|
| Total Continuous Service | 4 years, 6 months | Falls in 2–5 year bracket |
| Last Wage (W) | SAR 15,000 | - |
| Resignation Trigger | 5 months after marriage | Qualifies (within 6-month window) |
Financial Outcome Comparison
Full Accrual (Article 84 Base)
½-month rate for 4.5 years
Total Full Accrued EOSB: SAR 33,750
Standard Resignation (Article 85)
⅓ reduction applied →
SAR 33,750 × ⅓ = SAR 11,250
Application of Article 87 (Exception)
No reduction applied →
Final EOSB Due: SAR 33,750
✅ Conclusion: Instead of receiving SAR 11,250 under Article 85, the worker received SAR 33,750 in full under Article 87.
Importance of Strict Compliance and Documentation
The entitlement under Article 87 is conditional upon compliance with the prescribed deadlines and documentary evidence.
Proof Requirement:
The female worker must provide verifiable documentation to the employer confirming the qualifying event, such as:- A certified marriage contract, or
- A medical certificate showing the exact date of delivery.
Penalty for Delay:
Failure to meet the time window results in loss of Article 87 protection, and the resignation will be treated under Article 85, applying the ⅓ or ⅔ reduction.
Any unresolved disputes or questions must be formally directed to the relevant Saudi authorities for official clarification and binding decisions.
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