VoxxArrive · Saudi Arabia onboarding topic
Saudi Arabia Probation Period Rules: Labor Law Article 53 Duration, Extension, and Termination
Under Article 53 of the Saudi Labor Law, the standard probation period for a new hire is capped at 90 days from the employee's first working day. It can be extended to a maximum total of 180 days, but only with an explicit written agreement between employer and employee executed before the original 90-day period lapses. During probation, either party may terminate the employment contract immediately without a mandatory statutory notice period or end-of-service benefit. Article 53's own carve-out is not about notice: it lets the employment contract restrict the right to terminate during probation exclusively to one party (employer or employee) rather than leaving it open to both. Probation terms must be documented in the employment contract and administered through the Ministry of Human Resources and Social Development's (HRSD) Qiwa digital labor platform.
Steps
- State the probation clause in the contract - Specify the probation period (up to 90 days) explicitly in the employment contract when registering the hire on the Qiwa platform; an undocumented probation term is not legally enforceable.
- Track the 90-day period from the first working day - Count the probation period from the employee's actual start date, not the contract signing date, so the employer knows exactly when the initial 90-day window closes. Per HRSD guidance, Eid Al-Fitr and Eid Al-Adha holidays specifically, plus any sick-leave days, are excluded from this day count (this has not been confirmed to extend to public holidays generally).
- Decide on extension before day 90 - If more evaluation time is needed, obtain the employee's explicit written consent to extend probation to a combined total of up to 180 days - this consent must be secured before the original 90 days expire; unilateral employer extension is not permitted under Article 53.
- Update the contract record on Qiwa - Reflect the agreed extension and new probation end date in the employment contract on Qiwa so the record matches the legal agreement.
- Confirm or terminate before probation ends - Before the (possibly extended) probation period lapses, either confirm the employee as permanent staff or terminate the contract. During probation neither party is statutorily required to give notice or pay severance; Article 53's actual carve-out lets the contract restrict the termination right exclusively to one party and modify the default no-compensation rule - it does not impose or reference a notice obligation.
- Process exit without EOSB if terminating - If terminating during probation, update the exit on Qiwa and let GOSI records reflect the ended registration. No end-of-service benefit (EOSB) is owed because the employee has not completed the minimum qualifying service period - EOSB is a direct employer-paid obligation under the Labor Law (Arts. 84-87), separate from and not administered by GOSI.
Timeline
Probation runs for up to 90 calendar days from the employee's first working day, extendable to a combined maximum of 180 days only with signed written mutual consent obtained before the original 90-day period lapses. Termination during probation can take effect immediately - there is no statutory minimum notice window under Article 53 itself. The contract may instead restrict the right to terminate during probation exclusively to one party (employer or employee); that exclusivity clause, not a notice period, is Article 53's own carve-out from the default rule.
Cost & fees
No specific government fee applies to setting or extending a probation period - it is a contract term documented on the free-to-use Qiwa platform. The main cost exposure for employers is indirect: no end-of-service benefit is payable for a probationary termination, but recruitment and onboarding costs are still sunk if the hire doesn't work out.
Some figures on this page vary by jurisdiction, zone or nationality, or could not be independently confirmed from a public source at time of writing - confirm the current figure with the regulator before relying on it.
Sources
- Ministry of Human Resources and Social Development (HRSD) - Probation Period (official knowledge centre article)
- Saudi EOSB Calculator - Termination During Probation Period (Article 53 & 54): Notice Periods and EOSB Rights
- Etqan Law Firm - Your Rights Under Article 53 Saudi Labor Law (2026 Update)
- Saudi Gazette - Qiwa reduces probation period of workers to 90 days
- Lexology - Probation Period in Saudi Arabia: Key Rules for Employers and Employees
Frequently asked
What is the maximum probation period allowed under Saudi labor law?
Article 53 of the Saudi Labor Law sets the standard maximum at 90 days from the employee's first day of work. It can only be extended to a combined total of 180 days if both employer and employee agree in writing before the original 90 days end.
Can an employer extend probation without the employee's consent?
No. Extending probation beyond 90 days requires the employee's explicit written agreement, executed before the initial 90-day period expires. Unilateral extension by the employer is not valid under Article 53.
Is a notice period required to terminate an employee during probation?
Article 53 does not itself impose a mandatory notice period during probation - either party may end the contract immediately. The actual statutory exception in Article 53 is different: the employment contract can restrict the right to terminate during probation exclusively to one party (employer or employee). A contract could separately add a notice requirement as an extra protection, but that would be a contractual choice, not something Article 53 itself carves out.
Does an employee terminated during probation receive end-of-service benefits (EOSB)?
No. Because the minimum qualifying service period has not been completed, employees whose contracts end during probation are not entitled to end-of-service benefit payments. EOSB is a direct employer-paid obligation under the Labor Law, separate from GOSI's social-insurance and SANED unemployment-insurance functions.