06Oct

Recruiting employees in Saudi Arabia is not as simple as posting a job and hiring the first qualified person. Every business that wants to recruit—whether local or international—must follow specific labor laws and government regulations. These laws are designed to protect both employers and employees, ensuring that every recruitment process is fair, transparent, and compliant with Saudi labor standards.

In this blog, we’ll explore the key legal considerations in Saudi recruitment—from labor laws and work visas to Saudization and employment contracts—so you can understand what makes hiring in Saudi Arabia both unique and highly regulated.

1. Understanding the Saudi Labor Law

The Saudi Labor Law, governed by the Ministry of Human Resources and Social Development (MHRSD), is the backbone of recruitment in the Kingdom. It clearly outlines the rights, duties, and responsibilities of both employers and employees.

Some of its major areas include:

  • Working hours and rest periods

  • Wage payment and deductions

  • Probation periods

  • Annual leave and public holidays

  • End-of-service benefits

Employers must make sure their hiring practices fully comply with this law. Failure to do so can result in fines, penalties, or even suspension of business licenses.

For instance, the maximum working hours are 48 hours per week (8 hours per day), and employees are entitled to at least 21 days of annual leave after one year of service.

2. The Role of the Ministry of Human Resources and Social Development (MHRSD)

The MHRSD plays a central role in regulating recruitment and employment in Saudi Arabia. Every employer must be registered with the ministry and use its digital platforms—like Qiwa and Mudad—to manage employee contracts, wages, and compliance records.

These platforms make it easier for employers to stay legally compliant by automating many HR processes such as:

  • Recording employment contracts electronically

  • Verifying Saudization percentages

  • Ensuring payment protection through the Wage Protection System (WPS)

By using these tools, companies can avoid administrative violations and streamline their recruitment process.

3. Saudization (Nitaqat Program)

One of the most important legal aspects of recruitment in Saudi Arabia is Saudization, also known as the Nitaqat Program.

This government initiative requires private companies to hire a certain percentage of Saudi nationals. The percentage depends on the company’s size, sector, and classification.

For example:

  • A construction company might be required to hire at least 15–20% Saudi nationals.

  • A financial services company may have to maintain a higher rate of local employment.

Companies that fail to meet these targets face restrictions such as being unable to renew foreign employee visas or apply for new ones. On the other hand, companies that meet or exceed their Saudization targets receive privileges, including faster work permit processing.

4. Work Visas and Residency (Iqama) Requirements

Foreign recruitment in Saudi Arabia involves strict visa and residency procedures. Employers must first obtain authorization from the Ministry of Foreign Affairs and MHRSD to bring workers into the Kingdom.

Here’s how the process typically works:

  1. Work Visa Approval – The employer submits a request for a foreign worker.

  2. Medical and Background Checks – The employee undergoes tests before entry.

  3. Iqama Issuance – Once in Saudi Arabia, the employer must apply for the employee’s Iqama (residence permit) within 90 days.

Employers are legally responsible for renewing Iqamas on time and paying related fees. Any delay can result in fines or deportation of the worker.

It’s also important to note that employees cannot change jobs freely; they need a transfer approval through the Qiwa platform unless they meet certain conditions.

5. Employment Contracts and Documentation

Saudi labor law mandates written employment contracts for all employees, whether Saudi or foreign. These contracts must be in Arabic, even if translated into another language.

A standard contract should include:

  • Job title and duties

  • Salary and benefits

  • Working hours and leave entitlements

  • Contract duration (if fixed-term)

  • Termination conditions

Both parties must sign the contract, and a copy should be uploaded to the Qiwa platform.

The law also specifies that if there is no written contract, the employee is presumed to be hired on a permanent basis, which could lead to legal complications for employers.

6. Wage Protection System (WPS)

Saudi Arabia has implemented the Wage Protection System (WPS) to ensure that employees are paid fairly and on time. Under this system, companies must pay salaries electronically through Saudi banks so that the Ministry can monitor compliance.

Employers who fail to pay wages on time or underpay their employees can face severe penalties, including suspension of new work visas.

This system protects both Saudi and foreign workers, creating trust and transparency between employees and employers.

7. Occupational Safety and Health Regulations

Saudi Arabia takes workplace safety very seriously. Employers must provide a safe and healthy environment for all workers. This includes proper training, protective gear, and emergency procedures.

For industries like construction, oil and gas, and manufacturing, compliance with Occupational Safety and Health (OSH) standards is mandatory. Regular inspections are carried out, and companies that violate these standards can face fines or even shutdowns.

8. End-of-Service Benefits and Termination

When an employee leaves a company, they are entitled to end-of-service benefits (ESB) as per Article 84 of the Saudi Labor Law.

The ESB is calculated as follows:

  • Half a month’s salary for each of the first five years of service.

  • One month’s salary for each additional year after that.

This benefit applies whether the employee resigns or is terminated, though the amount may vary based on the circumstances of departure.

Termination laws in Saudi Arabia are also very specific. Employers must provide valid reasons and notice before ending a contract, except in cases of serious misconduct.

9. Recruitment Agency Licensing and Compliance

For recruitment agencies operating in or supplying manpower to Saudi Arabia, licensing is essential. Agencies must be registered and approved by the MHRSD, both in Saudi Arabia and in the worker’s home country.

Unlicensed recruitment or illegal labor brokerage can lead to heavy fines, imprisonment, or a permanent ban from operating in the Kingdom.

Companies should always work with approved recruitment agencies to ensure transparency and legal compliance during the hiring process.

10. The Future of Recruitment in Saudi Arabia

Saudi Arabia’s Vision 2030 aims to create a vibrant job market, empowering both Saudi citizens and skilled foreign professionals. The government continues to modernize its recruitment and labor systems by introducing digital solutions and clearer labor reforms.

For employers, staying updated on these laws is not just about compliance—it’s about building a sustainable workforce aligned with the Kingdom’s economic growth goals.

Conclusion

Recruiting in Saudi Arabia requires more than just finding the right talent—it requires understanding and following the country’s legal and regulatory framework. From Saudization and labor contracts to WPS and visa compliance, every step in the recruitment process must meet government standards.

By ensuring legal compliance, companies can avoid costly penalties and create a positive, professional working environment for both Saudi and foreign employees.

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FAQ’s About Key Legal Considerations in Saudi Recruitment

1. What is the Saudization (Nitaqat) Program?

Saudization is a government policy that requires private companies to hire a certain percentage of Saudi nationals, helping reduce unemployment among citizens.

2. Are written employment contracts mandatory in Saudi Arabia?

Yes. All employees must have a written Arabic contract stating job roles, salary, and other employment conditions.

3. What is the Wage Protection System (WPS)?

The WPS ensures employees receive their salaries on time through electronic payments monitored by the government.

4. Who is responsible for renewing an employee’s Iqama?

The employer is fully responsible for renewing the employee’s Iqama (residence permit) before it expires.

5. What are end-of-service benefits (ESB)?

ESB is a financial benefit paid to employees when they leave the company, calculated based on their years of service and final salary.