You started work four months ago, and your contract says “probation period 90 days”. Today your manager tells you your contract is ended “because you are still on probation”, and says the new law allows 180 days.
The direct answer: your probation period is what your contract expressly states, with a maximum of 180 days (amended Article 53). If the contract says 90 days, probation ends when they pass, adding the days of the two Eid holidays, National Day, Founding Day and sick leave; the employer cannot extend it on his own. Termination after it ends is governed by the normal termination rules, including compensation and the end-of-service award.
What changed in the probation period in Saudi Arabia?
Before the February 2025 amendments, the probation period was ninety days and could be extended by written agreement up to 180 days. After the amendment of Article 53 the rule is simpler: the contract must state probation expressly and set its length clearly, and its total may not exceed 180 days in any case. The Implementing Regulations set out the details, including the leave that is not counted in the period.
The figure 180 is a maximum, not a required length. Your contract may say sixty or ninety days, and then your probation ends when that period ends. If the contract does not mention probation at all, there is no probation period, and the normal termination rules apply to you from the first day.
Which days are not counted in the probation period?
Eid al-Fitr leave, Eid al-Adha leave, National Day leave, Founding Day leave and sick leave are not counted in the probation period. If one of these leaves falls during your probation, the end date moves back by the same number of days (Article 19 of the Implementing Regulations). The Regulations also allow the probation period to be divided into several periods, provided they are continuous and this is clearly stated when the contract is signed; in all cases the total may not exceed 180 days.
You started work and your contract sets a 90-day probation period.
During this period, the Eid al-Fitr holiday of 4 days fell, and you took 3 days of sick leave with an approved report.
These seven days are added, so your probation ends 97 days after you started, not 90.
Can you be dismissed during probation without a reason or compensation?
Amended Article 53 provides that each party has the right to end the contract during the probation period. Before the amendment, the text allowed the contract to give this right to only one of the parties; that exception no longer appears in the amended text. Even so, read the probation clause carefully before signing.
Article 54 provides that ending the contract during probation does not give either party a right to compensation, and the worker is not entitled to an end-of-service award for it. So if the employer ends your contract while you are on probation, the law does not require him to prove a reason for dismissal or pay compensation. In the same way, you can leave without being asked for compensation.
But this right is tied to the period itself. If the probation period written in your contract has passed, with the excluded days added, and your contract is ended after that, it is no longer a termination during probation, and the normal termination rules apply, including compensation if there was no valid reason. So calculate the end date of your probation precisely and keep proof of the date you started.
If your contract requires both parties to give notice before termination even during probation, that clause applies because it is in the worker's favour.
What do you keep even if your contract is ended?
- The wage for every day you worked up to the termination date.
- Payment for the annual leave balance you earned for your period of work and did not use.
- The rights the law gives every worker during work, such as overtime pay, weekly rest and sick leave.
- Any extra benefit in your contract or the company's regulations that applies during probation.
If you decide to leave during probation, it is best to inform the employer in writing and hand back anything in your custody, such as devices or documents, and then ask for proof that the relationship ended and its date. This is not a condition for the termination to be valid, but it prevents any later claim that you stopped coming to work without notice.
Can you be put on probation a second time?
Article 54 provides that a worker is not put on probation more than once with the same employer. As an exception, the law allows a second probation by written agreement of both parties, provided it is for a different profession or job, or at least six months have passed since his previous relationship with the employer ended. So if your contract is renewed for the same job, the probation clause cannot come back with it.
If you sign a new contract with a second probation that does not meet these conditions, that clause breaches Article 54, and you can rely on this if your contract is ended on the basis of it.
What is the difference between termination during probation and dismissal under Article 80?
Many people confuse the two. Article 80 sets out cases in which the contract may be terminated without award, notice or compensation because of a breach by the worker, such as assault or absence without a valid reason within the limits it sets, provided he is given a chance to state his objections. Probation needs none of these reasons. After probation ends, the employer no longer has this open right, and ending the contract is governed by the rules on valid termination, notice and compensation.
What should you check in the probation clause before signing?
- Is the period written as a clear number of days? A phrase like “probation period according to the law” does not set a specific length.
- Is the period within 180 days? Anything longer does not apply.
- Does the clause contain anything against the amended text, such as giving the right to terminate only to the employer? The law gives it to both parties.
- Is your start date recorded precisely? Probation is counted from it, and so is your whole period of service.
Domestic workers have their own regulations: probation there is by written agreement and may not exceed ninety days, and either party may end the contract during it (Article 9 of the Regulations for Domestic Workers and Similar Categories).
This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.
Practical solutions for both sides
If you are the employee on probation:
- Make sure the probation period is expressly written in the contract; otherwise there is no probation at all.
- If your contract is ended, ask for the termination in writing, and claim your wage for the period you worked and payment for your leave balance.
- Calculate the end date of probation yourself with the excluded days; termination after it is not termination during probation.
If you are the employer:
- Write the probation clause and its length in days clearly in the contract, and if you want to divide it, state this when the contract is signed.
- Evaluate the employee during the period and document your observations.
- If you decide to terminate, inform him in writing within the period and pay his wage and leave balance.
A vague probation clause changes the whole calculation. Send us on WhatsApp the probation clause in your contract, your start date and the termination date, and we will explain your position.
Need advice on your own case?
Every case turns on its own facts and documents. Send us a short summary and we'll arrange a session with a licensed Saudi lawyer who will tell you clearly where you stand.
Frequently asked questions
Can I be dismissed during probation without a reason?
Yes. Amended Article 53 gives each party the right to end the contract during probation, and neither is entitled to compensation under Article 54. You still keep the wage for the days you worked.
Is the probation period 180 days for all employees?
No. 180 days is the maximum. The actual period is what your contract states, and if the contract does not mention probation, there is none.
Am I entitled to an end-of-service award if my contract ends during probation?
No. Article 54 provides that the worker is not entitled to an end-of-service award if the contract ends during probation.
Is sick leave counted in the probation period?
No. Sick leave and the two Eid holidays, National Day and Founding Day are not counted in the probation period.
Can the company extend the probation period after it ends?
No. The period is what is written in the contract and its total may not exceed 180 days; any division of it must be stated when the contract is signed, and the periods must be continuous (Article 19 of the Regulations).
General information, not legal advice. The official Arabic texts of Saudi laws prevail over any translation. Disclaimer