Article 53 of the Saudi Labor Law after its amendment: probation up to 180 days, leave that does not count, and ending the contract during probation.
Short answer: Article 53 of the Saudi Labor Law governs probation. Since its amendment by Royal Decree M/44, probation must be stated expressly in the contract with a clear duration, and the total may not exceed 180 days. Eid holidays, National Day, Founding Day and sick leave do not count towards it, and both the employee and the employer may end the contract during it.
If you have just signed a new employment contract, it probably includes a probation period. The same questions come up: how long can it last, can it be extended, can I leave if the job is not right for me, and can the company end my contract without compensation? The answers are in Article 53 of the Saudi Labor Law, read with Article 54, and Article 53 was changed in the recent Labor Law amendments. This guide sets out the current text, compares it with the old one and answers the practical questions with examples. For a review of your contract or a termination during probation, see our labor lawyer service.
What does Article 53 say after the amendment?
Royal Decree No. M/44 dated 8/2/1446H approved amendments to several Labor Law articles, effective from 20/8/1446H, as published by the Bureau of Experts. Article 53 of the Labor Law now reads, in translation:
"If the employee is subject to probation, this must be stated expressly in the employment contract and its duration clearly specified, provided that the total duration does not in any case exceed one hundred and eighty days. The Regulations set out the related provisions, including the leave that is not counted in the duration. Each party has the right to terminate the contract during this period."
What changed compared with the old text?
Point Old text (M/46, 1436H) Current text Duration 90 days, extendable by written agreement to 180 Total not exceeding 180 days in all cases Excluded leave Eid holidays and sick leave (in the article) Referred to the Regulations Right to terminate Both parties, unless the contract gave it to one only Both parties, without that exception
The key practical change is the removal of the words "unless the contract contains a provision giving the right to terminate to one of them". Under the current text, the right to end the contract during probation belongs to both parties.
How long can probation last in the private sector?
The maximum is 180 days in total. Article 19 of the Executive Regulations of the Labor Law adds that the probation period may be divided into several periods, provided they are consecutive and this is clearly stated when the contract is concluded. If your contract does not mention probation at all, you are not on probation, because the law requires it to be stated expressly.
Does leave count towards probation?
Some leave does not. Article 19(2) of the Regulations provides that Eid al-Fitr and Eid al-Adha holidays, National Day, Founding Day and sick leave are not counted in the probation period. The end of probation moves back by those days.
Can the employee leave during probation?
Yes. The text says each party has the right to terminate the contract during probation. The unified employment contract template attached to the Regulations allows either party to end the contract during probation "through the platform". In practice, make the termination written and documented, stating that it is a termination during probation under Article 53, with the date.
Can the company refuse a resignation during probation?
Two provisions meet here. Article 53 gives each party a right to terminate during probation that does not depend on the other party's consent. Separately, Royal Decree M/44 added Article 79 bis on resignation requests: a request is deemed accepted after thirty days without a reply, and the employer may postpone acceptance by up to sixty days with a written, reasoned explanation. The texts do not expressly say how these interact during probation. So, if you want to leave during probation, describe it as a termination during probation under Article 53, not just a "resignation request", keep copies, and take advice before stopping work if the company objects. Ordinary resignation and notice rules are covered in our article on Article 75 of the Labor Law.
Are you owed an award or compensation if the contract ends during probation?
Article 54 provides that an employee may not be placed on probation more than once with the same employer, except by written agreement for a different occupation or job, or after at least six months have passed since the relationship ended. It adds that if the contract is terminated during probation, neither party is entitled to compensation and the employee is not entitled to an end-of-service award for it. On the employer side, Article 80(6) allows termination without award, notice or compensation if the employee was hired on probation, provided the employee is given the chance to object. Your wages for the days actually worked remain due. All the ways a contract ends are covered in Article 74 of the Labor Law.
Illustrative examples
Illustrative example 1: an employee on a 90-day probation takes five days of sick leave and National Day falls in the period. Those days are not counted, so probation ends later by that number of days.
Illustrative example 2: a company sets two consecutive periods of 90 days each in the contract at signing. This is permitted under the Regulations as long as the total does not exceed 180 days.
Illustrative example 3: a company ends an employee's contract on day 60 of probation. No compensation or end-of-service award is due for that termination, but the 60 days' wages are.
If you pass probation and your employment continues, your award at the end of the relationship is calculated under Article 84 of the Labor Law, and you can estimate it with the end-of-service calculator.
Frequently asked questions
How long is probation in the private sector?
No more than 180 days in total, stated expressly in the contract, and it may be split into consecutive periods agreed at signing.
Does Eid leave count?
No. Eid holidays, National Day, Founding Day and sick leave are excluded.
Can the company dismiss me during probation without a reason?
Each party may end the contract during probation without compensation and without an award for that termination, but your wages for days worked are due, and the probation must have been stated in the contract.
Can I be put on probation twice?
Not with the same employer, except by written agreement for a different job, or after six months from the end of the previous relationship.
Has your contract ended during probation, or do you want to end it?
Before signing any termination or release, check that probation is stated in your contract, that it has not exceeded the legal limit after excluding leave, and that your wages for days worked have been paid. Our licensed lawyers represent individuals and companies in labor cases across Saudi Arabia, in person and remotely.
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Official sources: Labor Law — Bureau of Experts · Executive Regulations of the Labor Law — HRSD
Note: this article is general information about the Saudi Labor Law and is not legal advice for any specific case. Outcomes depend on the contract, when it was signed, the facts and the documents, so we recommend consulting a qualified lawyer before taking any action.
