Probation Period Rules Saudi Arabia — Complete Guide 2026

What Is a Probation Period in Saudi Arabia?

A probation period — also called a trial period — is a defined period at the start of employment during which both the employer and employee assess whether the working relationship is suitable. It is governed by Article 53 of Saudi Labour Law.

During probation, both parties have more flexibility to end the employment without the usual notice period requirements. This gives employers the chance to assess a new hire and gives employees the chance to evaluate whether the job meets their expectations.

Probation Period Length — What Is Legal?

Your Rights During Probation

Being on probation does not mean you have no rights. During your probation period you are still fully entitled to:

• Full salary as agreed in your employment contract
• All allowances stated in your contract — housing, transport etc.
• Safe working conditions and no workplace abuse or harassment
• Proper iqama sponsorship and valid residency status
• Annual leave accrual — leave accumulates from day one including probation
• Sick leave entitlement — you can take sick leave during probation
• Protection from discrimination based on nationality, religion or gender

Termination During Probation

This is where probation is most different from regular employment. During the probation period:

• Employer can terminate without notice — they can end employment any day during probation without giving the usual 30 or 60 day notice
• Employee can resign without notice — you can also leave at any time during probation without serving a notice period
• No EOSB is owed if either party ends employment during probation — unless your contract specifically states otherwise
• Final salary must still be paid — whatever salary is owed up to the termination date must be paid regardless

When Does Probation Count Toward EOSB?

If you successfully complete your probation period and continue in employment, your probation period is counted as part of your total service for EOSB calculation.

This means if you were on 90 days probation and then worked for 5 years total, those 90 days are included in your 5 years of service for EOSB purposes. Probation time is not wasted time — it counts once you pass it.

Can You Be Put on Probation Twice?

No. Saudi Labour Law is clear — an employee cannot be placed on probation more than once with the same employer. This means:

• If your employer terminated you during probation and then rehired you, they cannot put you on probation again
• If you were promoted or transferred internally, the new role cannot have a new probation period
• If your employer is trying to impose a second probation, this is illegal and you can challenge it through HRSD

Sick Leave During Probation

You are entitled to take sick leave during probation. However there is an important interaction between sick leave and probation termination:

• An employer cannot terminate you specifically because you took sick leave during probation — this would be considered arbitrary dismissal
• Days of sick leave during probation may extend the probation period by the same number of sick days — check your contract for this clause
• If you are on sick leave at the time the probation period ends and have not been formally terminated, you automatically transition to regular employment

Probation and Fixed-Term Contracts

Probation can exist in both unlimited and fixed-term contracts. However for fixed-term contracts there are additional considerations:

• The probation period cannot be longer than half the duration of the fixed-term contract — so a 3-month fixed contract cannot have a 90-day probation
• If a fixed-term contract is renewed, the employer cannot impose a new probation on the employee for the renewed period
• Probation for fixed-term contracts must still be explicitly stated in writing

What If Your Employer Extends Probation Without Agreement?

Probation can only be extended beyond 90 days with your written agreement. If your employer unilaterally extends your probation without getting your consent in writing, the extension is not valid. After 90 days you are legally a confirmed employee with full rights — including notice period protection and EOSB entitlement.

If your employer terminates you after 90 days claiming you are still on probation but there was no written extension agreement, you can challenge this at HRSD. You would be entitled to notice period pay and EOSB as a regular employee.

Common Probation Period Issues Expats Face

• Verbal probation not in contract — Employer says "you are on probation" but it is not in your written contract. Not valid. You have full employee rights from day one.
• Probation extended without agreement — Employer extends probation beyond 90 days without getting written consent. The extension is invalid.
• Terminated on last day of probation — Some employers wait until the last possible day of probation to terminate to avoid EOSB. This is legal under current rules but if you suspect bad faith, document the circumstances carefully.
• Not paid during probation — Some employers claim salary is only paid after probation is passed. This is completely illegal. Full salary must be paid from day one.
• Iqama not processed during probation — Employer delays iqama processing claiming you have not passed probation yet. Illegal — iqama must be processed regardless of probation status.

Frequently Asked Questions