Under the Saudi Labor Law, workers who are compelled to leave their employment due to force majeure (القوة القاهرة) - circumstances entirely beyond their control - are granted full End-of-Service Benefit (EOSB) protection. This rule, enshrined in Article 87, overrides the standard proportional reductions that normally apply under Article 85 for voluntary resignation. In such cases, the worker retains 100% of the accrued EOSB, regardless of length of service.
The Protective Mandate: Article 87 Overrides Article 85
The default resignation rule in Article 85 reduces EOSB entitlements for workers resigning before ten years of service. However, Article 87 provides a statutory exception:
Article 87: “As an exception to the provisions of Article (85) of this Law, the worker shall be entitled to the full award if he leaves the work due to a force majeure beyond his control.”
Key Legal Effects:
- Full Entitlement: The worker receives the entire accrued EOSB, calculated under Article 84 - half-month wage for each of the first five years and one-month wage for each year thereafter.
- Waiver of Minimum Service: The two-year minimum service threshold under Article 85 does not apply.
- Legislative Intent: Recognizes that resignation was not voluntary but compelled by external, irresistible events.
Defining Force Majeure in the Labor Context
In employment law, force majeure refers to an irresistible external event that makes fulfilling the employment contract impossible. For the claim to succeed, the event must meet four cumulative conditions:
- External: Not caused by either party (employer or worker).
- Unforeseeable: Could not be reasonably anticipated.
- Irresistible / Unavoidable: Could not have been prevented or mitigated.
- Impossibility of Performance: Makes continuation of work physically or legally impossible.
Common Examples in Saudi Labor Practice
| Category | Typical Examples |
|---|---|
| Natural or Civil Events | Major natural disasters (floods, earthquakes, severe weather), widespread civil unrest, war, or epidemic/pandemic restrictions requiring evacuation or business closure. |
| Irresistible Personal Crisis | A sudden, catastrophic family health event requiring the worker’s permanent departure from Saudi Arabia to provide mandatory care, proven through formal documentation. |
⚖️ Important Distinction:
Force majeure does not include poor management, voluntary resignation, business downturn, or bankruptcy. Those are treated under Article 74 (contract termination for business reasons), not Article 87.
Worker Safeguards and Related Exceptions
1. The Female Worker Exception (Also Article 87)
Article 87 extends full EOSB entitlement to female workers who resign due to personal milestones:
- Marriage: Resignation within six months from the marriage date.
- Childbirth: Resignation within three months from giving birth.
👉 See the Full Guide to Female Worker Resignation Exemptions →
2. Distinction from Article 81
Leaving due to force majeure (Article 87) differs from resignation under Article 81, where the employer’s misconduct justifies departure. Both grant full EOSB, but for distinct reasons:
| Article | Reason for Full EOSB |
|---|---|
| Article 87 | External and irresistible event beyond the worker’s control. |
| Article 81 | Employer’s breach (non-payment, assault, unsafe workplace, etc.). |
👉 Review the Full List of Grounds for Leaving with Full Statutory Rights →
3. Procedural Requirement: Proof of Force Majeure
To claim full benefits under Article 87, the worker must document the event proving that:
- It was beyond their control, and
- It directly caused the inability to continue work.
Acceptable evidence includes official government notices, health ministry orders, or formal documentation from competent authorities.
Conclusion
Article 87 serves as a core worker-protection clause, ensuring that employees compelled to leave their jobs due to unavoidable external events do not lose their accrued financial rights. This provision guarantees that resignation under compulsion is treated as a justified separation, fully preserving the worker’s EOSB entitlement.
Any unresolved disputes or questions must be formally directed to the relevant Saudi authorities for official clarification and binding decisions.
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