Saudi Arabia Probation Period Rules 2026 — What Your Employer Can and Cannot Do

What the Saudi Labour Law Says About Probation

Probation is governed by Article 53 of the Saudi Labour Law. The law exists to give employers a trial period to assess whether an employee suits the role — but it is not a free pass to treat workers however they like.

The key rules are simple: probation must be clearly written into the employment contract before work starts. You cannot be placed on probation verbally or retroactively. If the contract does not mention a probation period, you are automatically treated as a confirmed employee from day one.

Maximum Probation Period — The Legal Limits

What Your Employer CAN Do During Probation

Saudi Labour Law does give employers significant flexibility during probation. It is important to know these rights so you understand what is legally permitted versus what is abuse.

• Terminate without advance notice — the employer is not required to give you the standard 60-day notice that applies to confirmed employees.
• Terminate without end-of-service gratuity — EOS under Article 84 only applies once probation is passed. Termination during probation does not trigger a gratuity payment.
• Assess performance freely — the employer can evaluate your skills, attitude, and fit for the role without formal written reviews.
• End the probation early — if both parties agree, probation can be shortened and confirmed employment can begin before the 90-day mark.

What Your Employer CANNOT Do During Probation

Many expats do not realise that even during probation, the Labour Law protects them in important ways. These are firm legal obligations — not optional.

• Cannot skip GOSI registration — Article 1 of the Social Insurance Law requires employers to register all employees (Saudi and non-Saudi) with GOSI from the first day of work, including during probation. Failure is a legal violation.
• Cannot withhold salary — your salary must be paid on time every month during probation, exactly like any other employee. The Wages Protection System (WPS) applies from day one.
• Cannot discriminate in termination — terminating an employee based on gender, nationality, religion, or pregnancy during probation is still unlawful under Saudi law.
• Cannot put you on probation twice — Article 53 explicitly prohibits subjecting the same employee to probation more than once with the same employer.
• Cannot force probation retrospectively — if a probation clause was not in the original contract, it cannot be added after you start work.
• Cannot extend beyond 180 days under any circumstances — even with agreement, 180 days is the hard legal maximum. Anything beyond this makes you a fully confirmed employee by law.

Probation Period and Annual Leave

This is one of the most searched questions — and the answer surprises many people. Annual leave accrues from your very first day of employment, including during probation. However, you typically cannot take that leave until after you have completed the first year of service.

If you are terminated during probation before completing a full year, you may be entitled to a proportional payment for accrued leave days — depending on the reason for termination and what your contract says. It is worth checking your specific contract clause.

Do You Get End of Service (EOS) If Terminated During Probation?

No — this is one of the clearest rules in Saudi Labour Law. End-of-service gratuity under Article 84 does not apply during probation, regardless of whether it is the employer or the employee who ends the contract.

The EOS entitlement begins only once probation ends and you become a confirmed employee. From that point, every year of service counts toward your gratuity calculation.

How Qiwa Registers Your Probation Period

Since 2023, Saudi employers are required to register employment contracts — including probation clauses — on the Qiwa platform. This digital record is important for two reasons: it protects you if there is ever a dispute about your start date or probation terms, and it forms the basis for any labour complaint you might file later.

1. Your employer should add you to the Qiwa portal within 90 days of your joining date.
2. Your contract, including the probation clause, should appear under your employee profile on Qiwa.
3. You can log in to Qiwa (qiwa.sa) using your Absher credentials to verify your employment record at any time.
4. If your details are wrong or missing, notify your HR department in writing immediately — this creates a record if you need to file a complaint later.

What to Do If Your Employer Violates Probation Rules

If your employer puts you on probation for longer than 180 days, fails to register you with GOSI, or withholds your salary during probation, you have clear remedies under Saudi law.

• First step: raise the issue in writing with your HR department. Keep copies of all communications.
• File a complaint on Qiwa: go to qiwa.sa → Labour Complaints → submit your case. The Ministry of Human Resources handles these within 21 days.
• Contact HRSD directly: call 19911 (the Ministry of Human Resources hotline) or visit hrsd.gov.sa.
• Escalate to Labour Court: if the Qiwa complaint does not resolve the issue, you can escalate to the Saudi Labour Court through the same portal.

Probation Period Quick Reference

Frequently Asked Questions

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