Probation Rules under Article 53 and 54 of Saudi Labor Law

Saudi Labor Law deals with probation rules very clearly. There are some terms and clauses regarding probation rules in Saudi Labor Law about which we shall be explaining in this article. The sole purpose of having a probation period is to give an opportunity to both, the employer and the employee to understand the work environment and other factors before making a final decision to continue the job. I have listed down different rules given in the Saudi Labor Law about the probation period below.

If the employee is subject to a probation period, that should be expressly mentioned and clearly indicated in the work contract – Article 53 of Saudi Labor Law

Such probation period shall initially be for 90 days, however, it can be extended to 180 days with the written consent of both the parties – Article 53 of Saudi Labor Law

The probation period is exclusive of Eid al-Fitr and Eid al-Adha holidays and sick leaves – Article 53 of Saudi Labor Law

Each party has the right to terminate the contract during probation period unless the contract embodies a clause giving the right to terminate the contract to only one of them – Article 53 of Saudi Labor Law

During the probation period and as per the clauses of Saudi Labor Law, each party has the right to terminate the contract with one day notice period – Recommended: What is the Notice Period under Saudi Labor Law?

An employee cannot be put on probation more than once by the same employer for the same job – Article 54 of Saudi Labor Law

However, an employee can be put on probation by the same employer for a period not exceeding 90 days if he rejoins the company if a different job is offered to him and he accepts it – Article 54 of Saudi Labor Law

An employer can be put on a probation period if he resigned or was terminated from the company more than 6 months ago and rejoins the company – Article 54 of Saudi Labor Law

If the contract is terminated during the probation period, neither party shall be entitled to compensation nor shall the employee be entitled to an end-of-service award – Article 54 of Saudi Labor Law

If you resign within the probation period or employer terminates you as you are not fit for the required job, the employee will have to bear the cost of returning back to his home country as per Article 40 (2) of the Saudi Labor Law.

Teachers working in Saudi Arabia are subject to some different rules and regulations with reference to the probation period. Recommended: Two Years’ Probation Period for new Teachers in Saudi Arabia

Latest Amendment: It has been approved by the Ministry of Labor that the employer is required to provide leaves to the employee in probation on Eid-ul-Fitr and Eid-ul-Adha and during illness. However, it does not mean that this period will be counted in his probation period. Source: Arab News

  • Ikznod Acnarfalliv

    Dear Mr Steve,

    This is my story, I’m working in Ikea here in Jeddah Saudi Arabia, I’ve worked under probation period…I didn’t report to my work almost 6 days because I’m not feeling well that time, I informed my team leader and I told them my reason because I didn’t go to work. One day the hr called me to report to them they said I am terminated because of my absences. They gave me the letter including the reason that’s why I’m terminated, I signed the termination letter that day. In the next day I asked my Co Filipino working in the head office to asked the CEO which is he is the Secretary, to give me second chance to go back to work. After that my Co Filipino sent an email to the hr for the approval that the CEO approved my request to back to my work. In the next day I go to the hr and I decided to not continue to work, because of my family in the Philippines, that’s the reason that’s why I decided to not continue my work, after that the hr manager ask me to write a resignation letter, which is before I’m terminated already. And they ask me to pay all the expenses including the air ticket, exit visa processing fee, the processing fee from Philippines including the working visa and other expenses that they expent to me to go here in Jeddah. Sir what is my rights? It’s a legal to pay all the expenses. Please answer my question sir, thank you!

  • krishna dutta

    Sir I am too having same problem as you. Can I talk to you? [email protected] Yahoo.com

  • Jerry

    Krishna, if u r in KSA, try to get an NOC from the last employer.
    If in india, not to worry, there are many travel agents in mumbai, who will get the job done. It will take some time, maybe few months. Your new sponsor will have to send some supporting documents which has to be attested from chamber of commerce saudi

  • krishna dutta

    Sir I am in India now. I already tried to get Visa stamping from Mumbai consulate in January 2016 but they rejected my visa stamping saying last time I came back before six months. My agent is saying I can’t go back Saudi Arabia again with work visa.

  • krishna dutta

    Where are you now sir?

  • krishna dutta

    Hello,
    I am Krishna Dutta from India. I went to Riyadh, Saudi Arabia on June 2014 on employment visa. After working for 3 months I came from there on September 2014 on final exit due to problem with my company. My iqama was prepare in this time also I have exit paper from the company. In January 2016 I got another job offer for Saudi Arabia. I applied for visa stamping on Mumbai consulate office but it was rejected due to my stay in Saudi Arabia last time less than six months. The agent dealing with the visa stamping is saying I can’t get back to Saudi Arabia for work visa. As I am banned. Now 2 years have gone I want to go back to Saudi Arabia for work purpose. Can I go again to Saudi Arabia? I made iqama while working there. Also I have exit paper from the company. Recently I check my iqama status online. But I don’t understand it. Can anyone help me in this regard. My iqama no is 2372148268. Please check my iqama status. Am I ban from Saudi Arabia? I don’t have job for last 3 years. I need a job very badly. Please help me.

  • Jerry

    what is your email?

  • krishna dutta

    My email id is [email protected]

  • Rizwan Ahmmed

    Hello Sir,

    My brother he went Saudi now his finished 15 days only, but he don’t want work there he want to come back India, so what is processor?????????

  • SoulCrusader YAS

    Hello,

    can you tell me which part of the Labor law mentions that an employee can leave during the probationary period by giving a notice period of one day.

    Thanks

  • Please read the article

  • Dr ali Ahmed

    Hi
    I came here at ksa 45days back.now I want to go back home.as my employer is not giving me my salary. He is not willing for my exit from ksa.
    Can you please tell me what I should do in this case
    Thanks
    Dr Ahmed

  • Gaga

    What should i do or where should i seek help if my employer force me to go exit even my contract is not yet finish? I have some discussions with my egyptian manager, i called him badoo and kaddab infront of all the staff and he called haris for that. He told my employer to let me stop to work and my employer listened to him. I actually dont want to stop to work but my employer insisted and frightened me that he will let me go exit and ban me in all gcc country so that i cant have work anymore. Its ok with me if they will let me leave the country. But i am afraid because my manager are treathend me that maybe he will harm me so that i will know who is he. I will travel this friday in shaa allah to riyadh but maybe he is the one who will drive the car. Im really afraid on what he will gonna do. I cant even talk to my employer about this situation because this manager already plan about this. Please help me.

  • Wasif Karim

    I have same question. Can anybody reply please.

  • Bilal Akhtar

    Hi, I am on probation period in saudi arabia for 3 months. But due to over burdening and bad behaviour of company,I want to go back. Is there any way this can be done? Thanks

  • Michelle

    I am a domestic helper in saudi, less than 3 mos. And I ask my employer that I want to go home, he sent me to police station for clearance then send me to jawazat but that time he told me I still lack papers so we will just go back, he wants me to stay there until I can go home can someone answer me is it oosssible fi rme to be detained there in jawazat??? How long I will stay there until can go back to my country???please reply asap

  • waleed muhammad

    I HAVE 1 QUESTION….I AM UNDER MY FATHER SPONSORSHIP. AM I ELIGIBLE TO WORK ON A PROBATION PERIOD?
    IF YES THEN WHAT WILL BE THE PROCEDURE FOR THAT?
    HOPING FOR THE POSITIVE RESPONSE……….

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