Probation Period In Saudi Arabia: Key Rules For Employers And Employees

Understanding the Probation Period in Saudi Employment Law

The probation period in Saudi Arabia is a critical phase within the employment relationship. It enables the employer and employee to determine whether the position and working situation match appropriately. This period must be clearly stated in the employment contract and agreed upon by both parties before employment begins.

According to the Saudi Labor Law, the probation period cannot exceed 90 days, though it can be extended up to 180 days with written consent from both the employer and employee. This time will serve to cushion both parties- the employers will be able to review their performance, and the employees will be able to determine whether the job is as per their expectations.

Employee Rights During the Probation Period

Even during probation, employees enjoy fundamental rights under Saudi Labor Law. These include:

• Full payment of wages for all work performed
• Safe and healthy working conditions
• Respectful and non-discriminatory treatment

Nevertheless, some benefits may not be provided to employees including the award of end of service and long-term incentives until the probation has been successfully completed. It is also the duty of employees to make sure that they record their effort and accomplishments as a means of self-defense in case of conflicts. 

Employer Obligations During the Probation Period

Employers have clear responsibilities during probation. These include:

• Clearly defining probation terms in the employment contract
• Avoiding misuse of probation, such as extending it repeatedly or applying it more than once for the same role
• Maintaining transparent records of employee performance, conduct, and attendance
• Ensuring fair treatment and avoiding discriminatory dismissal

Proper probation management not only protects the company legally but also helps identify training needs, assess fit, and reduce turnover.

Termination Rules under Probation in Saudi Arabia

For Employees:

During probation, employees may resign, but they must respect the notice period clause stated in their contract. Failure to do so could result in a breach of contract claim or loss of certain entitlements. Foreign workers must coordinate with their employer regarding final exit or transfer procedures through the Qiwa and Mudad systems. To avoid any legal ambiguity, employees are recommended to send in a written resignation letter and make a copy of the Gettier. 

For Employers:

Employers may terminate an employee during probation without providing end-of-service compensation, provided the termination respects the notice period outlined in the contract. It is also advisable to document performance assessments to ensure fairness and protection in case of legal disputes. The contract becomes binding  after successful completion of probation and common rules of termination as stipulated by the Saudi labor law are applicable.

Legal Compliance and Best Practices

For Employers:

• Clearly define probation terms in writing and obtain written consent for any extensions
• Avoid discriminatory dismissals
• Maintain accurate and transparent documentation of performance and conduct

For Employees:

• Understand your notice obligations and rights during probation
• Keep records of work performance, communication, and agreements with the employer
• Ensure proper coordination for exit or transfer procedures if resigning

By managing the probation period properly, both parties build trust, reduce turnover, and remain fully compliant with Saudi labor standards.

FAQ

Probation Period in Saudi Arabia: Key Rules for Employers and Employees

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.