Probation Period in Saudi Arabia: The 2025 Rules Explained

What changed on 19 February 2025

Before the amendments, probation was up to 90 days. It could be extended by written agreement during the probation, as long as the total did not exceed 180 days.

The amended Article 53 now allows a probation period of up to 180 days in total. That period may be divided into consecutive periods, but only if this is clearly stated when the contract is made.

The amendment also removed the option of giving the right to terminate during probation to only one party. Both sides now have it.

When a probation clause is valid

A probation period applies only if all of the following are true:

1. It is in the contract. The contract must expressly provide for probation and state its length (Article 53). A probation period mentioned only in an internal policy or an onboarding email is not enough.
2. It is within the cap. The total cannot exceed 180 days (Article 53). These days are not counted towards it: the Eid al-Fitr and Eid al-Adha holidays, National Day, Founding Day, and sick leave (Implementing Regulations, Article 19(2)).
3. It is not a second probation with the same employer. This is allowed only if both of you agree in writing and either the new probation is for a different profession or job, or at least six months have passed since your earlier employment with that employer ended (Article 54).

If you are terminated during a valid probation

Either party may end the contract during a valid probation. Neither side is entitled to compensation, and no end-of-service award is due (Article 54).

There is no statutory notice period during a valid probation. Article 80(6) allows the employer to end the contract during probation without notice. The date of termination still matters: written proof of it shows whether the termination fell inside the probation period.

You are still owed:

• your wages for the days you actually worked;
• payment for the annual leave you earned and did not use, in proportion to the time you worked (Article 111);
• your return ticket in most cases (Article 40(1)). Not in every case: the ticket is not owed if you were found unfit for work or chose to return home without a legitimate reason (Article 40(2)).

When the termination falls outside probation

This is often the deciding question. A termination is unlikely to be treated as a probation termination if any of the following applies:

• the contract has no written probation clause, or does not state its length;
• the probation period stated in the contract has already ended;
• the probation would exceed 180 days;
• a further probation period is being added that was not set out when the contract was made;
• it is a second probation that does not meet Article 54.

In those cases the ordinary rules apply. Depending on the contract, these include notice (Article 75), compensation for termination without a legitimate reason (Article 77) and the end-of-service award (Article 84).

Example: An instrumentation engineer signs a 2-year contract at SAR 8,000 a month. The contract has a 90-day probation clause and says nothing about any further period. On day 120, the employer ends the contract and calls it a probation termination.

The 90 days had already ended. The 180-day cap does not on its own make a later, unagreed extension valid. So the termination is likely outside probation, and he may be able to claim:

• Article 77 compensation: the wage for the rest of the term, about 20 months × 8,000 = SAR 160,000. If the contract sets a different figure, that figure applies instead, but never less than two months' wage.
• End-of-service award for 4 months: (8,000 ÷ 2) × 4/12 = SAR 1,333.
• Any unpaid wages and leave.

Contracts signed before 19 February 2025

The key date is 19 February 2025. Before it, probation could be extended by written agreement during the probation period, up to 180 days in total.

The amendments contain no specific transitional rule on probation that we can point to. The safer reading is this: an extension validly agreed before 19 February 2025 is judged by the rules in force when it was agreed. The age of a contract does not, on its own, allow a new extension to be agreed after that date under the repealed text.

If your situation falls on that line, get advice on your specific dates.

For employers

• Write the probation clause into the Qiwa contract with an exact number of days.
• If you want consecutive periods, set them out clearly when the contract is made.
• Stay within 180 days, leaving out the excluded holidays and sick leave.
• Record any decision to end the contract, and its date, in writing before the period ends.
• Do not put a rehired employee on probation again unless Article 54 allows it.

A termination on day 91 under a 90-day clause is unlikely to be treated as a probation termination. See Labor Law Support for Employers.