The Probation Period in the Saudi Labor Law 2026: The Comprehensive Guide for Employees and Employers
20 minutes ago
Have you signed an employment contract that includes a probation period and want to know your exact legal rights? Are you an employer looking for the correct legal framework to apply the probation period without violations?
The probation period in the Saudi Labor Law is one of the most frequently questioned labor topics among both workers and employers, as it is governed by Article 53 of the Saudi Labor Law in addition to Ministerial Decision No. (198) on employment contract documentation. In this comprehensive guide, we review the duration of the probation period, its validity conditions, the rights of employees and employers during it, contract termination cases, and the common mistakes that expose companies to fines.
At HR360 Solutions, we provide integrated consulting services that help you draft employment contracts compliant with the Saudi Labor Law and implement probation periods for employees in a way that safeguards the rights of both parties and reduces labor disputes.
- Consultations on employee rights during the probation period and their obligations.
- Preparing and documenting employment contracts in compliance with the Saudi Labor Law.
- Reviewing probation period clauses and ensuring their validity.
- Managing contract termination procedures during the probation period in accordance with regulatory controls.
- Representation in labor disputes arising from the probation period.
Need a free consultation on employment contracts and probation periods at your company?
What is the probation period in the Saudi Labor Law?
The probation period is the period of time agreed upon in the employment contract to enable both the employee and the employer to assess each other’s suitability for the job and the work environment, before the contractual relationship settles into its final form. The Saudi legislator regulated it in Article 53 of the Saudi Labor Law with precise controls that prevent abuse and achieve balance between the two parties.
It is worth noting that the probation period for employees is not an exception from the application of the law — it is a fully-fledged stage of the employment relationship. During it, the employee is entitled to their full wage, occupational safety and health provisions apply, the employer must register them with social insurance, and their wages are subject to the Wage Protection Program like any other worker.
The duration of the probation period in the Saudi Labor Law
Article 53 of the Saudi Labor Law set a clear time ceiling for the duration of the probation period. The most prominent controls are as follows:
| Item | Provision | Source |
|---|---|---|
| Base duration | Must not exceed 90 days | Article 53 of the Labor Law |
| Duration after extension | May be extended by written agreement up to a maximum of 180 days | Article 53 of the Labor Law |
| Documentation | The probation period must be stated in the employment contract; if the contract is silent, the employee is considered to have actually entered employment | Labor Law + Decision 198 |
| Leaves | Sick leaves, both Eid holidays, and absences with the employer’s permission do not count toward it | Article 53 of the Labor Law |
| Renewal | A new probation period may not be imposed on the same employee unless the job is substantially different | Article 53 of the Labor Law |
Conditions for the validity of the probation period in the employment contract
For the probation period in the Saudi Labor Law to be valid and enforceable, the following conditions must be met:
- Explicit wording: The probation period must be expressly stated in the written employment contract — it may not be implied or verbal.
- Electronic documentation: Documenting the employment contract electronically through the Ministry of Human Resources platforms according to Ministerial Decision No. (198), following the steps outlined in our guide on employee contract attestation.
- No violation: Its duration must not exceed the regulatory limit (a maximum of 180 days).
- No repetition: A new probation period may not be imposed on the same employee within the same company unless they are assigned substantially different work.
- No impairment of wages: A reduced wage during the probation period may not be stipulated except with the employee’s written consent and provided it is not below the minimum wage.
Employee rights during the probation period
Many workers ask: what are employee rights during the probation period? The answer is that the law guarantees the employee a set of rights during the probation period that may not be compromised, the most prominent of which are:
Financial Rights
- Full wages for actual days worked.
- If they work on the weekly rest day or official holiday, they are entitled to a full day’s wage plus 50%.
- Wages may not be withheld or delayed, and the Wage Protection Program applies.
Insurance and Health Rights
- Registration with social insurance as soon as they join work.
- Health insurance coverage (mandatory for foreign workers).
- Compensation for work injuries and occupational hazards.
Work Environment Rights
- A safe work environment and personal protective equipment.
- They may not be assigned hazardous work in violation of the law.
- A ban on working under the sun (12 noon – 3 pm) from June to September.
Sick Leave
- Entitlement to sick leave after completing 90 days of actual service.
- Sick leave does not count toward the probation period.
- Full paid sick leave for the first thirty days.
Terminating the employment contract during the probation period
One of the most sensitive points of the probation period in the Saudi Labor Law is the mechanism for terminating the contract during it. The law and Ministerial Decision (198) regulated it as follows:
| Contract Type | Termination Controls | Entitlements |
|---|---|---|
| Indefinite-term contract | Either party may terminate the contract during the probation period without prior notice | Wages for actual days only — no end-of-service benefit and no leave payment |
| Fixed-term contract | Termination is permitted with written notice to the other party at least seven days in advance | Wages for actual days only — no end-of-service benefit and no leave payment |
| Parties agree otherwise | What the parties agreed in the contract is respected if it is more favorable to the employee | According to the agreement |
What is the employee entitled to upon termination of the probation period?
- Full wages for actual days worked.
- Settlement of any entitlements agreed upon in the contract.
- They are not entitled to the end-of-service benefit or annual leave payment unless the parties agree otherwise — you can verify the calculation rules in our guide on end-of-service benefit calculation.
- The foreign employee is entitled to a return ticket when the relationship ends.
Wages during the probation period: is a reduced salary allowed?
Ministerial Decision No. (198) permits agreeing in the employment contract on a wage lower than what the employee will receive after passing the probation period, subject to two essential conditions:
- The employee’s written consent: otherwise the clause is void.
- No breach of the minimum wage: the wage may not fall below the regulatory minimum.
Cases in which the probation period does not apply
The Saudi Labor Law specified exceptional cases in which a probation period may not be imposed or its provisions do not apply:
- Employee transfer between companies: The probation period does not apply to an employee who moves from one company to another due to a transfer of ownership, merger, or separation of a division to form an independent company. The employee is exempt from the probation period and retains their leave balance and length of service.
- Re-employment in a previous job: A new probation period may not be imposed on the same employee within the same company unless their work has changed substantially.
- Protection of pregnant employees: A female employee whose pregnancy is confirmed may not be dismissed during pregnancy or maternity leave, and her contract may be reclassified as indefinite-term if it expires during pregnancy or maternity leave (Article 25).
Probation period for female workers and foreign workers
The probation period applies to all categories of workers without discrimination, while observing certain particularities:
- Female workers: If an employee’s pregnancy is confirmed during the probation period, Article 25 prohibits dismissing her because of the pregnancy, and she may have her contract reclassified as indefinite-term.
- Foreign workers: The probation period for employees applies to foreign workers under the same controls (90 days extendable to 180), with the employer obligated to bear recruitment fees and health insurance, and the return ticket when the relationship ends.
- Persons with disabilities: The “Tawafoq” program must be observed in evaluating their performance and they may not be discriminated against.
Common mistakes employers make regarding the probation period
-
Signing a contract without mentioning the probation period
A contract that is silent on the probation clause cannot have one established, and the employee is considered to have actually entered employment from day one.
-
Exceeding the regulatory duration
Setting a probation period longer than 180 days renders the clause void and exposes the company to violations.
-
Repeating the probation period for the same employee
A new probation period may not be imposed on the same employee except with a substantial change in the nature of the work.
-
Verbal termination in fixed-term contracts
The other party must be notified in writing at least seven days in advance according to Ministerial Decision (198), otherwise the termination is defective.
-
Deducting from wages without legal basis
Wages for actual days worked during the probation period may not be withheld under any pretext.
-
Delaying social insurance registration
Registration is mandatory from the first day of work, and delaying it is an independent violation unrelated to the probation period.
Want to review your employment contracts and apply probation periods without violations?
Quick summary: the probation period in the Saudi Labor Law
| Element | Rule |
|---|---|
| Maximum duration | 90 days, extendable in writing to 180 days |
| Validity condition | Explicit wording in the written and documented contract |
| Termination | Either party may terminate, observing written notice in fixed-term contracts |
| End-of-service benefit | Not due upon termination during the probation period |
| Wages | Full pay for actual work; a reduced wage may be agreed with written consent |
| Renewal | Not permitted for the same employee unless the work is substantially different |
How can HR360 help you manage the probation period?
At HR360 Solutions, we provide specialized consultations that help you draft and implement the probation period in the Saudi Labor Law in a legally sound manner, with full compliance and dispute avoidance.
| Service | What We Provide |
|---|---|
| Legal Consultations | Drafting the probation clause in compliance with Article 53 and Decision 198. |
| Payroll Management | Managing wages and increases after passing the probation period. |
| Social Insurance | Registering employees immediately upon joining and avoiding any violations. |
| Contract Management | Electronically documenting employment contracts and following up on probation extensions, following our guide on documenting the employment contract. |
| Performance Management | Designing probation-period performance evaluation forms free from arbitrariness. |
| Legal Representation | Appearing before labor courts and amicable settlement of disputes arising from the probation period. |
Frequently asked questions about the probation period in the Saudi Labor Law
How long is the probation period under the Saudi Labor Law 2026?
The probation period under the Saudi Labor Law must not exceed 90 days, and it may be extended by written agreement up to a maximum of 180 days according to Article 53 of the Saudi Labor Law.
Can an employer terminate the contract during the probation period without notice?
Yes, either party to the employment contract may terminate it during the probation period without prior notice, without compensation, and without an end-of-service benefit, unless the parties agree otherwise. For fixed-term contracts, the other party must be notified in writing at least seven days in advance according to Ministerial Decision No. 198.
Is an employee entitled to an end-of-service benefit if their contract ends during the probation period?
No, the employee is not entitled to an end-of-service benefit or payment for leave if the employment contract is terminated during the probation period, unless the parties agree otherwise.
Can the probation period be renewed for the same employee more than once?
A new probation period may not be imposed on the same employee within the same company unless the new job is substantially different from the previous one, even if the job title or designation changed.
Do sick leaves count toward the probation period?
No, sick leaves, both Eid al-Fitr and Eid al-Adha holidays, and absences with the employer’s permission do not count toward the probation period according to Article 53 of the Saudi Labor Law.
Can the contract stipulate a reduced salary during the probation period?
The employment contract may stipulate a wage lower than what the employee will receive after passing the probation period, provided the employee consents in writing and the wage is not below the minimum wage according to Ministerial Decision No. 198.
Does the probation period apply to foreign workers in Saudi Arabia?
Yes, the probation period applies to foreign workers exactly as it applies to Saudi workers, including the 90-day period extendable to 180 days, and the right of either party to terminate the contract during it.
Can a pregnant employee be dismissed during the probation period?
A female employee whose pregnancy is confirmed may not be dismissed during pregnancy or maternity leave, and if her contract expires during pregnancy or maternity leave, it may be reclassified as an indefinite-term contract according to Article 25 of the Saudi Labor Law.
Apply the Probation Period with Confidence with HR360
If you are looking for a trusted partner to help you draft employment contracts and implement the probation period in the Saudi Labor Law in a way that safeguards the rights of both parties and protects your company from violations and labor disputes, HR360 offers you integrated services from the first consultation through documentation and follow-up.
From drafting the contract to terminating it in a regulatory manner, we are with you every step of the way.