In real-life situations, it is not enough for an employee to be wronged or even right in their claim, what truly matters is their ability to prove it, in accordance with the law. Explore more about labor disputes
This is where the concept of the burden of proof becomes crucial, one of the most influential factors in the outcome of labor disputes.
But who bears this burden? When is the employee required to prove their claims? And when does the burden shift to the employer?
In this article, we clarify the legal concept of the burden of proof in labor disputes under Saudi labor law, its significance and impact, with real-life examples.
How the Burden of Proof Is Allocated in Labor Disputes
In principle, the general legal rule states that the claimant bears the burden of proof—whoever demands something must prove it.
However, the Saudi Labor Law alleviates this burden in many cases for the employee, placing it instead on the employer. This is because most documents and records relevant to employment (contracts, salary slips, etc.) are typically held by the employer.
For example, Article (51) of the Labor Law provides:
“An employment contract shall be deemed valid even if not in writing. In such a case, the employee alone may prove the contract and their rights by all means of proof.”
This means the employee can prove the existence of a valid employment contract and their entitlements through salary transfers, witnesses, emails, or any relevant communication—even if no written contract exists.
Moreover, the law requires the employer to keep employment records (Article 17) and to document certain actions in writing, such as extending a probation period or transferring an employee.
Thus, Saudi labor regulations generally shift the burden of proof to the employer in most practical cases, despite the general legal principle.
In short:
When an employee makes a claim (wages, compensation, overtime), it is often sufficient for them to provide reasonable evidence or circumstantial proof. The employer is then obligated to refute the claim with clear documentation—such as official payroll records or witness testimonies confirming payment or lawful action.
Common Scenarios in Labor Courts
Some common labor dispute cases involving burden of proof include:
- Unlawful termination:
If an employee claims they were dismissed without a valid reason, the employer must prove the legitimacy of the dismissal (e.g., serious misconduct, violation of policy).
If the employer fails, the termination is considered arbitrary, and compensation is due per the Labor Law. - Financial claims (wages, benefits):
The employee must show the basis of the claim (contract, salary history, bank transfers).
If the employer denies owing the amount, they must provide evidence of payment (e.g., signed receipts, payroll reports).
In general, any unpaid amount is presumed owed unless disproved by the employer. - Overtime claims:
If the employee claims extra working hours, they should present proof (attendance logs, biometric records, emails, witness statements).
If the employer disputes the claim, they must submit counter-evidence (e.g., standard working hours, timesheets). - Annual or sick leave:
If an employee demands pay for unused leave, they must show proof of entitlement (e.g., unused leave balance, request for leave).
The employer then must prove that the employee actually took the leave (e.g., signed leave forms). - Compensation for dismissal or accidents:
The employee must establish their right to compensation (e.g., evidence of employer’s fault or unsafe working conditions).
The employer must show a lawful justification for the action or lack of responsibility for the injury.
Accepted Types of Evidence in Labor Disputes
Saudi labor courts accept all lawful means of evidence, as clarified in the Evidence Law, which also applies to labor disputes. These include:
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Employment contracts and documents:
A written contract, appointment letters, or any official document proving employment.
Even in the absence of a written contract, the employment relationship can be proven through bank transfers, messages,
or witness statements.
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Payroll and wage data:
Official salary slips, bank transfers, or receipts are key evidence for payment claims.
Courts often rely on these financial records, especially when issued by a company or bank.
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Emails and digital messages:
Labor courts may accept emails, text messages, and other digital communications.
Saudi Evidence Law explicitly defines “digital evidence” as including email, digital communication apps, etc.
For example, a WhatsApp message from a supervisor requesting overtime may be valid evidence. -
Witness testimonies:
The employee or employer may call colleagues or others who witnessed events to testify.
Testimony is generally admissible—especially for factual events like accidents or working hours
unless the law requires written documentation (e.g., high-value contracts).
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Informal documents and strong presumptions:
Any internal memos, records of leave balances, schedules, or circumstantial indicators may be used.
As long as they are lawful and meet evidentiary standards, they are acceptable in labor courts.
Labor Law and Jurisdiction in Saudi Arabia
In Saudi Arabia, labor disputes are handled by specialized labor courts.
The Law of Procedure defines their jurisdiction as covering:
“Disputes related to employment contracts, wages, entitlements, occupational injuries and compensation, and disputes related to disciplinary actions against employees.”
Labor courts apply the provisions of the Saudi Labor Law and its implementing regulations. This includes key articles such as Article 51 and the requirement for written documentation of employment procedures.
Al-Mashora Law Firm offers specialized legal support in labor disputes—from assessing your case and organizing your documents to representing you before the courts with the highest level of professionalism and legal expertise.