Employee Contract Attestation 2026: Requirements, Steps & Penalties
3 hours ago
Are you facing difficulties in electronically attesting your employees’ contracts and fear falling into violations of the Saudi Labor Law?
Employee contract attestation has become a mandatory procedure that cannot be bypassed in the Kingdom of Saudi Arabia. The Ministry of Human Resources and Social Development requires establishments to attest at least 80% of employment contracts via the Qiwa platform. With the entry into force of the new labor law amendments for 2025/2026, compliance requirements have increased and penalties for non-compliant establishments have risen.
At HR 360, we present this comprehensive Pillar Content guide covering everything about employee contract attestation from A to Z: legal conditions, electronic attestation steps, contract types, penalties, and the difference between attested and non-attested contracts.
- Detailed conditions for employment contract attestation under the new Saudi Labor Law.
- Step-by-step electronic attestation via the Qiwa platform.
- The difference between fixed-term and indefinite contracts.
- Mandatory attestation percentages and penalties for violations.
- Tips to avoid attestation mistakes and contract rejection.
Do you need a free consultation to review your employees’ contracts and ensure full compliance?
What is Employee Contract Attestation and Why Has It Become Mandatory?
Employee contract attestation is the process of officially registering employment contract data with the competent government authorities (represented by the Ministry of Human Resources via the Qiwa platform) to legally certify and prove its validity. The attested contract is an official, accredited document that ensures the rights of both parties and facilitates proof of obligations when needed.
Under the Saudi Labor Law (Article 51) and 2025 amendments, employment contract attestation has become mandatory and electronic for all private sector establishments, as part of the Kingdom’s efforts to regulate the labor market and protect the rights of workers and employers alike.
Mandatory Attestation Objectives:
- Ensure legal protection of employee and employer rights through documented proof. To learn more about all rights guaranteed to workers under the system, review our complete guide on Employee Rights in Saudi Labor Law 2026.
- Reduce labor disputes and clarify each party’s obligations.
- Build accurate employment records that support digital transformation in the labor sector.
- Automatically link worker data to the General Organization for Social Insurance (GOSI) and ZATCA. For full details on registration procedures and contribution rates, see our Social Insurance Guide for Establishments 2026.
- Prevent work without a contract or verbal agreements not legally recognized.
The Difference Between an Attested and a Non-Attested Contract
| Comparison Aspect | Attested Contract | Non-Attested Contract |
|---|---|---|
| Legal Force | Official document accredited before labor courts | Difficulty proving rights and obligations |
| Government Services | Enables use of Qiwa, GOSI, and visa services | May affect residency renewals and visa issuance |
| Sponsorship Transfer | Requires employer approval or contract termination | Worker may transfer sponsorship without sponsor approval in some cases |
| Wage Protection | Linked to the Wage Protection System ensuring agreed salary payment | May cause complications in claiming entitlements |
| Penalties | Protects the establishment from non-attestation fines | Exposes employer to fines up to SAR 1,000 per worker |
| Proof of Relationship | Proves the contractual relationship digitally with the Ministry | No official record of the employment relationship |
Conditions for Employment Contract Attestation in Saudi Arabia 2026
The Saudi Labor Law and the Qiwa platform have defined a set of conditions that must be met in the employment contract before attestation. Failure to meet any of them may result in rejection of the application or automatic cancellation of the contract.
1. Data of Both Parties
- Employer / company name and commercial registration.
- Worker’s name, nationality, and ID/Iqama number.
- Residence address of each party.
2. Work and Wage Details
- Clear job title.
- Basic wage, allowances, and benefits.
- Method and date of salary payment.
3. Duration and Working Hours
- Contract type: Fixed-term or Indefinite.
- Employment start date (and end date if applicable).
- Daily and weekly working hours.
4. Additional Legal Conditions
- Arabic language is the basis (translation may be added).
- Contract compliance with labor laws and regulations.
- Clarification of termination conditions and prior notice.
To ensure accurate salary calculation and full compliance with the Wage Protection System when defining the wage clause in the contract, review our comprehensive guide on the Payroll Management System in Saudi Arabia, covering best practices for salary organization and regulatory compliance.
Types of Employment Contracts Under the Saudi Labor Law
Under the New Labor Law 2025/2026, the Ministry of Human Resources has defined unified templates for employment contracts according to the nature of work. Here are the main types:
| Contract Type | Description | When Used |
|---|---|---|
| Indefinite Contract | Open contract continuing until terminated with prior notice | Permanent employment for Saudis and residents |
| Fixed-Term Contract | Tied to a specific time period (one year, two years…) | Temporary projects, expatriate workers |
| Temporary / Seasonal Contract | For work limited by time or specific event | Seasonal work (Hajj, exhibitions, agriculture) |
| Remote Work Contract | Work performed outside the company’s premises | Remote employees and flexible work |
| Part-Time Contract | Working hours less than full-time | Students, flexible work, female Saudization |
Steps to Electronically Attest an Employment Contract via Qiwa
The entire process of employee contract attestation is completed electronically via the Qiwa platform without the need to visit any government branch. Here are the detailed steps:
-
Log in to the Qiwa Platform
The employer or authorized representative logs in via the establishment’s account on the Qiwa platform linked to the National Single Sign-On (Absher). Ensure the establishment’s data is updated in the commercial registration and national address.
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Select “Contract Management and Attestation” Service
From the main dashboard, select the Contract Management and Attestation service. A list of employees linked to the establishment appears along with the current attestation percentage.
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Create a New Contract or Upload an Existing One
Either use the unified contract template provided by the platform (recommended) or upload a customized contract in compatible electronic PDF format. Ensure the contract includes all mandatory data.
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Fill in Contract Data
Enter the basic data: job title, basic wage, allowances, working hours, contract type (fixed/indefinite), start date, and termination conditions. Review data accuracy before sending.
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Send Attestation Request to the Employee
Once data is completed, the contract is sent to the employee via their Qiwa Individuals account or application. An SMS notification and email alert are sent.
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Employee Approval or Rejection
The employee logs into their account, reads the contract, and chooses between: Approve, Reject, or Propose Amendment. If they do not respond within 10 days, the contract is automatically cancelled.
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Complete Attestation and Automatic Linkage
Upon approval by both parties, the contract becomes officially attested and accredited by the Ministry. Data is automatically transferred to the General Organization for Social Insurance (GOSI) and the Wage Protection System. For cases where employee exclusion from insurance applies, see our guide on Excluding an Employee from Insurance 2026.
Do you need help preparing and drafting your employees’ contracts in compliance with the new labor law?
Mandatory Attestation Percentages and Penalties for Non-Compliance
The Ministry of Human Resources set gradual percentages for employment contract attestation within establishments, with all three phases completed by the end of 2023. However, the Ministry continues to apply monitoring and inspection of attestation percentages.
| Phase | Required Percentage | Deadline |
|---|---|---|
| First Quarter | 20% of total employee contracts | End of Q1 2023 |
| Second Quarter | 50% of total employee contracts | End of Q2 2023 |
| Third Quarter | 80% of total employee contracts | End of Q3 2023 |
| Current Status 2026 | At least 80% (ongoing) | Permanently mandatory |
Penalties and Sanctions for Non-Attestation
- Financial Penalty: Up to SAR 1,000 per worker whose contract is not attested.
- Doubling of Penalty: In case of repeated violation within a specified period.
- Activity Suspension: Possible temporary suspension of the establishment’s activity in repeated cases.
- Deprivation of Services: Depriving the establishment of some Ministry of Human Resources electronic services.
- Sponsorship Transfer: A non-Saudi worker has the right to transfer sponsorship without the sponsor’s approval if their contract is not attested.
New Labor Law Amendments 2025/2026 Related to Contracts
The New Saudi Labor Law introduced fundamental amendments to employment contracts and their conditions. The most prominent amendments include:
1. Unified Employment Contract Templates
The Ministry now specifies a unified template for each type of employment contract (regular, casual, seasonal, temporary). Employers must comply with the approved templates or ensure their customized contracts conform to them.
2. Probation Period
The probation period has been set at a maximum of 180 days directly in the contract without the need for a separate extension. Either party has the right to terminate the contract during this period without compensation, with the possibility of permanently waiving the probation period.
3. Bereavement and Newborn Leave
Bereavement leave for the death of a brother or sister has been added for 3 days. Paternity leave for the father has also been set at 3 days within 7 days of birth.
4. Termination of Indefinite Contract
If wages are paid monthly, the worker must notify the employer 30 days in advance (previously 60 days), and the employer must notify the worker 60 days in advance.
5. Overtime
It has become possible to compensate overtime hours with paid substitute leave instead of financial compensation based on a written agreement.
Common Mistakes in Employee Contract Attestation and How to Avoid Them
- Salary mismatch between contract and actual pay: The basic wage in the contract must match what is registered in GOSI and the Wage Protection System.
- Failure to accurately determine contract type: Confusing “fixed-term” with “indefinite” causes problems with termination and compensation.
- Forgetting to update the contract upon promotion or transfer: Any change in job title or salary requires issuing a new attestation appendix.
- Drafting clauses that violate the law: Such as forcing the worker to waive their rights or imposing excessive disciplinary fines.
- Delaying attestation after hiring: The longer attestation is delayed, the higher the risks of sponsorship transfer (for residents) and fines.
- English-only contract: The contract in Arabic is the legally accredited one; other languages are for clarification only.
How Can HR 360 Help You with Employee Contract Attestation?
At HR 360, we offer integrated solutions for contract management and electronic attestation that ensure your full compliance with the Saudi Labor Law.
| Service | What We Provide |
|---|---|
| Contract Drafting | Preparing unified employment contracts compliant with Ministry of Human Resources templates. |
| Electronic Attestation | Uploading and attesting contracts via the Qiwa platform on behalf of the establishment. |
| Review of Existing Contracts | Auditing existing contracts and updating them in line with new amendments. |
| Appendix Management | Issuing appendices for promotions and financial amendments and attesting them. |
| Percentage Monitoring | Monitoring the establishment’s attestation percentage and ensuring the minimum (80%) is not breached. |
| Legal Consultation | Providing consultations in labor disputes and termination cases. |
| Regulatory Compliance | Ensuring all contracts comply with the new Labor Law 2025/2026. |
Frequently Asked Questions About Employee Contract Attestation
What are the conditions for attesting an employment contract in Saudi Arabia in 2026?
The conditions include: clarity of both parties’ data, determination of contract type and duration, clear job description and wage, defined working hours and leave, electronic signature by both parties via the Qiwa platform, and compliance with the Saudi Labor Law in the Arabic language.
Is employment contract attestation mandatory for Saudi establishments?
Yes, employment contract attestation has become mandatory and electronic via the Qiwa platform. The Ministry of Human Resources requires establishments to attest 80% of their employees’ contracts at minimum, and non-compliance exposes the establishment to financial penalties.
What is the penalty for not attesting an employment contract?
Employers are exposed to financial penalties of up to SAR 1,000 per worker whose contract is not attested, and the penalty may double in case of repetition, with the possibility of temporary suspension of the establishment’s activity.
Can a worker transfer sponsorship without an attested contract?
Yes, a non-Saudi worker may transfer sponsorship to another employer if their contract is not attested on the Qiwa platform, provided their residency is valid and their entry date does not exceed 3 months in some cases.
What is the difference between a fixed-term and an indefinite contract?
Fixed-term: Ends upon expiry of the agreed period and must specify start and end dates. Indefinite: Continues until terminated with prior notice (30 days for the worker, 60 days for the employer if wages are paid monthly).
Is contract attestation on Qiwa free?
Yes, the electronic employment contract attestation service via the Qiwa platform does not require direct government fees per contract. The establishment may only bear operational costs related to the platform.
What happens if the employee rejects the attestation?
If the employee rejects the contract or does not respond within 10 days of sending, the contract is automatically cancelled and becomes invalid. The employer can review the contract terms and resend it.
Can the contract be modified after attestation?
Yes, an attested contract can be modified while “accredited” or “active” and sent to the employee for approval of the amendments. If the employee rejects, the original contract remains valid until a new amendment is agreed upon.
Protect Your Company’s and Employees’ Rights with HR 360
If you are looking for a trusted partner to help you with employee contract attestation and ensure your full compliance with the Saudi Labor Law, HR 360 offers specialized services starting from contract drafting all the way to electronic attestation and dispute follow-up.
Do not wait for violations or disputes to occur. Protect your establishment from penalties and build a stable employment relationship starting today.
