CAN EMPLOYER DISMISS FEMALE EMPLOYEE AWAY ON MATERNITY LEAVE?

Saudi Labor Laws and competent authorities are keenly working to safeguard the rights and interest of its women workforce. Regulations of the labor law clearly stipulate and guide lines of Ministry of Labor bound the employer from dismissing a working woman or warn her of dismissal while she is on her maternity leave.

Saudi officials have made substantial efforts to protect the right of the working women to avail maternity leaves and has also refrained the employer from dismissing the woman or warn her of dismissal while she is on maternity leave.

The Saudi authorities further entail that the employer is not allowed to dismiss a female worker during the period of her illness resulting from pregnancy. However, the disease is proven by an approved medical certificate and given that the period of her absence does not exceed 180 days. The employer is also asked to provide medical care and facilities to the working women during pregnancy and childbirth.

One of the most legitimate reasons for the termination of the employment contract is if the employer and employee, the two parties of the contract, agree to terminate the contractual relationship mutually, or a force majeure which means 180 days preceding the likely date of birth have elapsed.

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