If you have just hired someone, or just been hired, in Saudi Arabia, there is a good chance you are trying to work out the same thing right now: how long is the probation period actually allowed to last, and what happens if either side wants out early?
The rules changed in a meaningful way in 2025, and a lot of what is written about them online is now out of date or slightly wrong in the detail. This guide sets out where things stand under Article 53 of the Saudi Labor Law, what employers can and cannot do, and what an employee is entitled to during those first months on the job.
The Basic Rule: 180 Days, Set From the Start
Probation in Saudi Arabia is governed by Article 53 of the Labor Law (Royal Decree No. M/51), together with the amendments that took effect on 18 February 2025.
Before the amendment, an employer could set an initial probation period of up to 90 days, and could only reach the full 180 days by going back to the employee partway through and agreeing a separate written extension. That two-step process is gone. Under the current rule, the parties can agree on a probation period of up to 180 days from the very beginning, written directly into the employment contract. There is no longer a need to renegotiate midway through.
A few conditions still apply:
- The probation clause must be in the written employment contract, in clear terms. If a contract says nothing about probation, the employee is treated as permanent from day one, with full termination protections applying immediately.
- 180 days is the hard ceiling. It cannot be extended beyond that figure, regardless of what the employer and employee agree.
- Probation is optional, not mandatory. Many contracts include it; the law does not force it.
- Public holidays and sick leave are not counted toward the 180-day total, which in practice pushes the real end date slightly later than a plain calendar count would suggest.
Can Either Side End the Contract During Probation?
Yes. This is the part of the rule that has not changed and remains the whole point of a probation period: either the employer or the employee can end the contract during this window, without needing to justify the decision, and without the compensation or end-of-service benefit that would normally apply to a termination.
There is one important limit. If the employment contract itself restricts this right for example, by giving only the employer the ability to terminate during probation, or by requiring a set notice period that restriction controls. Article 53 sets the default position; the contract can narrow it.
On notice periods specifically: the general position, consistent with Ministry of Human Resources and Social Development guidance and the Qiwa platform’s own reference to Article 53, is that no fixed notice period is required during probation unless the contract states one. Many employers choose to give a short informal notice commonly cited as somewhere between one and seven days as good practice rather than a legal obligation. You may see some sources claim a mandatory one-day (or seven-day, near the end of probation) notice period was introduced by the 2025 amendments. We were not able to confirm this as an accurate statement of the current law from primary or Ministry-referenced sources, and it appears to be a misreading circulating online. If your contract is silent on notice, do not assume a fixed number applies check the wording of your own agreement, and if it says nothing, treat it as a decision that can be made without a set notice period.
What an Employee Is Entitled to During Probation
Being on probation does not mean being outside the protection of the law. From the first working day, an employee on probation is generally entitled to:
- Full agreed salary
- GOSI (social insurance) coverage
- Annual leave accrual
- Sick leave entitlement
- Public holiday pay
What is genuinely different during probation is the absence of severance-style protection: no end-of-service benefit, and none of the compensation that applies to an unjustified termination after probation ends. Termination on discriminatory grounds remains unlawful throughout, probation or not.
Can Someone Be Placed on Probation Twice?
Generally, no — not for the same employer in the same type of role. The purpose of probation is to let an employer assess a new working relationship, and the law does not allow it to be reset indefinitely for the same position. A genuinely different role, with a different job title and different duties, can justify a fresh probation period; simply re-hiring someone into the same job after a short gap does not.
What Happens at the End of the 180 Days
Three things can happen once the maximum probation period is reached:
- The employment continues, and automatically transitions into an ordinary, permanent employment relationship, with full statutory termination protection from that point forward.
- One side ends it before the deadline, using the probation termination right described above, while it is still available.
- The contract is silent or mishandled, in which case disputes tend to arise over whether probation ever validly applied which is exactly why the written terms matter so much.
Once probation ends and ordinary employment begins, termination is no longer governed by Article 53. It falls under the general termination provisions of the Labor Law, including the standardized notice periods introduced by the same 2025 amendments: 60 days’ written notice for employer-initiated termination of an indefinite-term contract, and 30 days’ for employee-initiated resignation. That is a materially different, more protected position than probation, and it is worth both sides understanding exactly where the line falls.
Why the Contract Wording Matters So Much
Every dispute we see over probation comes back to the same root cause: the contract was vague, or the parties assumed a rule that was not actually written down. Saudi employment contracts must be in writing, and where a bilingual contract exists, the Arabic version takes precedence in the event of a dispute. An English summary that does not match the Arabic text is not a safety net.
Before you sign, or before you issue, a contract with a probation clause, confirm in writing:
- The exact duration (up to 180 days)
- Whether either party’s termination right is restricted
- Whether any notice period applies
- What the return-cost arrangement is if the employee is dismissed for cause versus a routine non-renewal
This is exactly the kind of clause-level precision we cover in our broader guide to Saudi labor law compliance and employee disputes, and it applies equally to the contract clauses businesses should get right more generally — see our guide on contract clauses every Saudi business should add before signing.
Where This Sits in the Wider 2025-2026 Reform
The probation change did not happen in isolation. The same round of amendments, effective 18 February 2025, also standardized notice periods for indefinite contracts, added new grievance and non-discrimination duties, extended maternity leave, introduced paid bereavement leave, and pushed employment contracts toward full digitalisation through Qiwa. If you are reviewing one part of your employment documentation, it is worth reviewing all of it together rather than patching Article 53 in isolation.
How We Help
We advise employers on drafting probation and termination clauses that hold up under the current law, and we represent employees and employers in disputes over whether a probation termination was valid. Getting the clause right at the drafting stage is far cheaper than resolving a dispute about it later.
You can view our full range of legal services in Saudi Arabia, or read our related guide on when you actually need a lawyer if you are unsure whether your situation needs formal advice or can be resolved directly with your employer or employee.
Frequently Asked Questions
1. How Long Can A Probation Period Last In Saudi Arabia?
Up to 180 days, agreed from the outset in the written employment contract. Before the February 2025 amendments, the maximum was reached in two steps — a 90-day initial period plus a separate extension agreement. That step is no longer required; the parties can now agree to the full 180 days at the start.
2. Can My Employer End My Contract During Probation Without Notice?
Generally, yes, unless your contract specifically requires a notice period or restricts this right. Article 53 allows either party to terminate during probation without cause, compensation, or end-of-service benefit, and the contract’s own wording controls if it says otherwise.
3. Does A Probationary Employee Get Paid Leave And GOSI Coverage?
Yes. Employees on probation are generally entitled to full salary, GOSI coverage, annual leave accrual, sick leave, and public holiday pay from their first working day. What they are not entitled to is an end-of-service benefit or termination compensation if let go during probation.
4. Can I Be Put On Probation Twice By The Same Employer?
Not for the same role. A second probation period generally requires a genuinely different position, with a different job title and duties. Simply reappointing someone to the same job after a short break does not justify resetting the probation clock.
5. What Happens If My Employment Contract Does Not Mention Probation?
If the written contract is silent on probation, the employee is treated as permanent from the start date, with full statutory termination protections applying immediately. A probation period only applies where it is clearly stated in the contract.
6. Do Public Holidays Count Toward The 180-Day Probation Period?
No. Public holidays and sick leave are excluded from the probation count, which means the effective end date can fall later than a simple 180-calendar-day count would suggest.
7. What Happens After The Probation Period Ends?
If the employment continues, it automatically becomes an ordinary, permanent employment relationship with full statutory protection. From that point, termination is governed by the general provisions of the Labor Law rather than Article 53, including the standardized notice periods of 60 days (employer-initiated) and 30 days (employee-initiated) for indefinite contracts.
8. Which Version Of The Contract Applies If The English And Arabic Text Disagree?
The Arabic version takes precedence. Saudi employment contracts must be in writing, and where a bilingual contract is used, any dispute over the meaning of a clause — including a probation clause — is resolved against the Arabic text.
