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The probation period is covered in Articles 53 and 54 of Saudi Labor Law. Can you ask for a final exit or transfer of sponsorship after the resignation during the probation period in KSA? Find out below.
The sole purpose of having a trial period is to give an opportunity to both, the employer and the employee to understand the work environment before making a final decision to continue the job.
Assignment of Probation Period
Article 53 and 54 of Saudi Labor Law state that the probation period;
- shall initially be for 90 days.
- needs to be explicitly written in the contract.
- is exclusive of Eid holidays and sick leaves.
- can be given to an employee if he rejoins the company after 6 months of resignation or termination.
— وزارة الموارد البشرية والتنمية الاجتماعية (@HRSD_SA) January 29, 2019
Extension of Trial Period
- The probation period shall initially be for 90 days which can be extended to 180 days with the written consent of both parties as per Article 53 of Saudi Labor Law.
- An employee cannot be put on trial more than once by the same employer for the same job as per Article 54.
- However, if he is assigned to a different job by the same employer, a 90 days trial period can be given under Article 54 of Saudi Labor Law.
Resignation during Probation Period
- Each party has the right to resign or terminate the contract during the test period without any notice period under Article 81 of Saudi Labor Law.
- In some cases, the right of termination or resignation is limited to only one party as per Article 53 of Saudi Labor Law.
- No party is entitled to any compensation or end of service benefits if the contract is terminated within the trial period as per Article 54.
Final Exit during the probation period
An employee can resign and request a final exit during the probation period in KSA. However, in this case, he will have to incur the cost of processing the final exit and pay for the airplane ticket as per Article 40 (2) of Saudi Labor Law.
As per the latest update from Jawazat, now you can issue the final exit visa from the Muqeem account no matter if the Iqama of the employee is issued or not.
Transfer of Sponsorship
Similarly, an employee can submit a resignation to his employer and request the transfer of sponsorship during the probation period in KSA.
If the employer agrees to transfer the sponsorship, he may ask you to pay back the expenses incurred on your hiring initially e.g. visa cost, airplane cost, and transfer of sponsorship fee.