Translated from Arabic.
The Labour Law requires the employer to pay the worker's wage on the due date, and delaying salaries without lawful justification is a material breach of the employer's contractual and statutory obligations. Where the employer breaches its essential obligations, the Law allows the worker to leave without notice while retaining all statutory rights, including end-of-service benefits as if the contract had been terminated by the employer, not as an ordinary resignation that reduces the award.
Nevertheless, we advise against suddenly stopping work without documentation, as the employer might later claim that you were absent or stopped working without reason. It is better for your departure to be based on a documented delay, and to notify the employer in writing of the reason you are leaving.
Suggested practical steps:
1. Gather evidence: bank statements showing the salaries stopped, the contract registered on the Qiwa platform, your social insurance (GOSI) record, and any previous messages or demands.
2. Send the employer a written demand to pay the overdue salaries, and keep proof that it was sent.
3. If there is no response, notify the employer in writing that you are leaving because of its failure to pay wages.
4. File your labour claim through the Wudi platform of the Ministry of Human Resources and Social Development (MHRSD) for amicable settlement; if settlement fails, it is referred to the labour court and can be followed up through the Najiz platform.
5. In your claim, ask for the overdue salaries, end-of-service benefits, payment in lieu of unused leave, and a certificate of service.
The Ministry of Human Resources' regulations also allow a worker, where wages have been delayed for a certain period, to transfer his services to another employer without the current employer's consent through the Qiwa platform. This is especially important for non-Saudi workers, so it is advisable to check the conditions for this on the platform.
Be aware that labour claims must be brought within a set period, generally twelve months from the date the contractual relationship ends, so do not delay your claim.
The outcome of the case cannot be guaranteed in advance, as it depends on the evidence and the details of the contract. The KSA Lawyers team recommends consulting a lawyer who specialises in labour cases to review your documents before leaving your job or filing a claim.