What does Article 53 Saudi Labor Law say about probation in 2026?
Article 53 Saudi Labor Law sets the rules for probation: it applies only if the employment contract states it expressly and fixes its length, and the total may not exceed 180 days in any case.
That has been the rule since the Saudi Labor Law amendments took effect on 19 February 2025. Either the employee or the employer may end the contract during probation. Under Article 54, neither side owes compensation and no end-of-service award is due for that period. Eid al-Fitr, Eid al-Adha, National Day, Founding Day and sick leave are not counted.
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Article 53 Saudi Labor Law at a glance
Probation under Saudi law is a trial period at the start of an employment contract. It must be written into the contract with a clear length, and the total, including any extension, cannot exceed 180 days. Either party may end it without compensation or an end-of-service award, and no Article 75 notice is needed unless the contract says so.
- No automatic probation. If the contract does not mention it, the employee is not on probation.
- One ceiling. The total is 180 days. The old wording was 90 days, extendable to 180 by a separate written agreement.
- Excluded days. Eid al-Fitr, Eid al-Adha, National Day, Founding Day and sick leave do not count toward the period.
- Either side may end it. No compensation is owed either way, and no end-of-service award is due for the probation period (Article 54).
- Only once per employer. A second probation needs a written agreement and either a different job or a gap of at least six months (Article 54).
Text of Article 53 of Saudi Labor Law after the 2025 amendment
The Ministry of Human Resources and Social Development (HRSD) publishes this English wording of the amended article on its Labor Relations page (Articles 50–88):
“If the worker is subject to a probationary period, this must be explicitly stated in the employment contract, with the duration clearly specified, provided that the total duration does not exceed one hundred and eighty days in all cases. The regulations shall specify the provisions related to this, including those concerning the leave that does not count toward the duration of the probationary period. Both parties have the right to terminate the contract during this period.”
Article 54 completes it. A worker may not be placed on probation more than once with the same employer, with two written exceptions, and if the contract ends during probation, “neither party shall be entitled to compensation, nor shall the worker be entitled to an end-of-service award for that period.”
The binding text is the Arabic Labor Law (Royal Decree No. M/51), published by the Bureau of Experts at the Council of Ministers. The amendments were issued by Royal Decree No. M/44 and apply to contracts concluded from 19 February 2025.
What probation means for your rights
A contract on probation is a full, valid employment contract. The employee is paid the agreed wage and is covered by the rules on working hours, weekly rest and social insurance with GOSI. Nothing in the Labor Law allows a lower wage just because the employee is on probation. Article 53 of the Saudi Labor Law allows a probation period only if the contract states it in writing.
The only difference is how the contract can end. During probation, either side can walk away more easily, and that exit does not trigger compensation or an end-of-service award. Probation is a period with special exit rules. It does not suspend the employee’s other rights.
Conditions for a valid probation clause
A probation period is valid only when two things are in the contract: an express probation clause and a clear length that, in total, stays within 180 days.
1. An express clause in the contract
If the contract says nothing about probation, the employee is not on probation. The employer cannot rely on a verbal statement, an offer email that was not carried into the contract, or an internal HR policy to treat the first months as a trial.
2. A clearly stated length
A line such as “the employee is subject to probation” with no number invites a dispute. State the length in days, for example 90 days or 180 days, and the start date (normally the first day of actual work).
3. A total of no more than 180 days
The 180-day ceiling covers the original period and any extension. If the contract sets 120 days and the parties later agree to extend it, the total still cannot go past 180 days.
A simple clause that meets these conditions could read: “The employee is subject to a probation period of 90 days from the date of commencement of work. Eid al-Fitr, Eid al-Adha, National Day and Founding Day holidays and sick leave are not counted in this period. Either party may terminate the contract during the probation period.” An employment contract lawyer can adapt the wording to your contract and the Qiwa template.
What changed after the 2025 amendment?
The main change is a single 180-day ceiling in place of the “90 days, extendable by written agreement” mechanism. The amendment also removed the option of giving the right to terminate during probation to one party only, as HRSD’s before-and-after summary of the amendments (Arabic) shows.
| Point | Before 19 February 2025 | From 19 February 2025 |
|---|---|---|
| Initial length | Up to 90 days | Set by the contract |
| Maximum | 180 days, only with a written extension agreement | 180 days in all cases |
| Days not counted | Eid al-Fitr, Eid al-Adha and sick leave (in the article) | Left to the Implementing Regulations; HRSD lists the two Eids, National Day, Founding Day and sick leave |
| Right to terminate | Both parties, unless the contract gave it to one party only | Both parties, with no contractual exception |
How the Saudi labor law probation period is counted
Probation is counted in days from the date the employee actually starts work. HRSD’s FAQ guide on the 2025 Labor Law amendments (Arabic, PDF) lists the leave that does not count toward probation:
- Eid al-Fitr holiday
- Eid al-Adha holiday
- National Day holiday
- Founding Day holiday
- Sick leave
Excluding these days pushes the end date back by the same number of days. The table shows how this works in practice.
| Probation in the contract | Excluded days that fall inside it | Probation ends after |
|---|---|---|
| 90 days | None | 90 calendar days from the start |
| 90 days | 4 days of Eid al-Fitr | 94 calendar days from the start |
| 180 days | 4 days of Eid al-Adha, 1 day of National Day and 5 days of sick leave | 190 calendar days from the start |
Ordinary annual leave is not on HRSD’s list. Keep the official holiday dates HRSD announces each year and any sick-leave certificates on file, because the exact end date often decides a dispute.
Can either side terminate during probation?
Yes. Article 53 gives both parties the right to end the contract during probation, and Article 54 says neither party is owed compensation and no end-of-service award is due for that period. Article 80 also lists “if the worker is appointed under probation” among the cases where the employer may end the contract without an award, notice or compensation, provided the worker is given the chance to state their objections.
| Point | Employer ends it during probation | Employee ends it during probation |
|---|---|---|
| Notice under Article 75 | Not required, unless the contract says otherwise | Not required, unless the contract says otherwise |
| Compensation (Article 54) | None owed to the employee | None owed to the employer |
| End-of-service award | Not due for the probation period | Not due for the probation period |
| Still owed to the employee | Wages for days worked and other accrued dues, such as pay for unused leave | Wages for days worked and other accrued dues |
| Good practice | Written, dated notice before the end date; let the employee respond (Article 80) | Written, dated notice before the end date; keep proof of delivery |
Resigning during probation: do you need to pay?
No compensation is owed to the employer for ending the contract during probation, because Article 54 removes compensation for both sides. Check the contract for other clauses, though. Training-cost or relocation clauses can raise separate claims. Under Article 40, the employer bears recruitment costs and residence and work permit fees, while a foreign worker who chooses to return home without a legitimate reason pays their own return trip.
When probation ends without termination
Once the probation days run out with nobody ending the contract, it becomes an ordinary contract. From then on, ending it follows the general rules: the cases in Article 74, notice under Article 75 (30 days from the employee and 60 days from the employer in an indefinite contract with a monthly wage), and compensation under Article 77 for termination without a legitimate reason.
Can probation be repeated? The Article 54 rule
As a rule, an employee may be placed on probation only once with the same employer. Article 54 allows a second probation only if both parties agree in writing and either the new probation is for a different profession or type of work, or at least six months have passed since the previous employment relationship ended.
| Situation | New probation allowed? |
|---|---|
| Contract renewed in the same job without a break | No |
| Move to a different profession, with a written agreement | Yes |
| Rehired 6 months or more after the relationship ended, with a written agreement | Yes |
| Rehired 3 months after leaving, in the same job | No |
Probation for expats: Qiwa and fixed-term contracts
For non-Saudi employees, Article 37 requires a written, fixed-term contract. If no term is stated, the contract runs for one year from the actual start date. The probation clause therefore sits inside that fixed-term contract, and expats should check it in the contract documented on Qiwa before signing.
Either party can end a documented contract on Qiwa through the Terminate an Employment Contract service. HRSD’s user guide for the service (August 2026) says it records the reason and effective date of termination. For a non-Saudi worker, the work permit must be valid for at least 60 days, and some termination reasons take effect without notice. Make sure the reason selected matches termination during probation and the date falls inside the probation days.
Worked examples of probation in practice
Example 1: probation end date with an Eid holiday
An employee starts on the 1st of the month with a 90-day probation, and a 4-day Eid al-Fitr holiday falls inside it. The probation ends 94 calendar days after the start, because the Eid days are not counted.
Example 2: an extension that breaks the ceiling
A contract sets 150 days of probation, and the parties later sign an addendum adding 60 days. That makes 210 days, 30 days over the legal limit. The more likely reading is that the days beyond 180 do not count as probation, so a termination on day 200 would be hard to defend as a termination during probation.
Example 3: termination inside the period
An employer ends the contract on day 60 of a 180-day probation. The employee is not owed compensation or an end-of-service award, but is owed the wage for the 60 days worked and any other accrued dues.
Common probation disputes and mistakes
- No written clause. Many employers assume probation is automatic. It is not, and a termination “on probation” without a clause is treated under the general rules.
- Open-ended wording. “Probation period” with no number of days is a frequent source of Labor Court disputes.
- Ignoring excluded days. Counting the end date without removing the Eid, National Day and Founding Day holidays and sick leave gives the wrong date.
- Repeating probation on renewal. A new probation in the same job breaches Article 54.
- Verbal termination. Without a dated written notice or a Qiwa record, it is hard to prove the contract ended inside the probation period.
How to challenge a termination during probation
If you believe the contract was ended after probation had already expired, or that the probation clause was invalid, the claim follows HRSD’s procedure. As of November 2026 it works like this: Base your challenge on what Article 53 of the Saudi Labor Law requires for a valid probation clause.
- Check the contract on Qiwa. Confirm the probation clause, its length in days and your start date.
- Recalculate the end date. Add the excluded days (two Eids, National Day, Founding Day, sick leave) and compare the result with the termination date.
- Collect evidence. Keep the termination notice or Qiwa record, payslips, your GOSI record and any sick-leave certificates.
- File for friendly settlement. HRSD’s Friendly Settlement for Labor Disputes service is free, and the claim must be filed within 12 months of the end of the employment relationship.
- Go to the Labor Court if needed. If no settlement is reached, the case is referred to the Labor Court within 21 working days. Hearings can be attended through Najiz.
If the termination is found to fall outside probation without a legitimate reason, the general rules on notice, Article 77 compensation and the end-of-service award apply. Our labor case lawyer team can review the file before the settlement stage.
Frequently Asked Questions about Article 53 Saudi Labor Law
In short, Article 53 Saudi Labor Law makes probation a written, time-limited arrangement: a clear clause, a total of no more than 180 days after excluding the official holidays and sick leave, and a free exit for both sides without compensation or an end-of-service award. Most disputes turn on whether the clause exists and whether the termination date really fell inside the period.
If you are drafting a probation clause or your contract was ended during probation, the Al-Safwa team can review the contract and your Qiwa records and explain your options. You can also estimate what would be due after probation with our end-of-service calculator.
To get a legal consultation from our team, contact us via the WhatsApp button at the bottom of the screen.
Read also:
Sources:
- Labor Relations, Articles 50–88 (amended text in English), Ministry of Human Resources and Social Development
- Employment of Non-Saudis, Articles 32–41, Ministry of Human Resources and Social Development
- Summary of the Labor Law amendments, before and after, Ministry of Human Resources and Social Development (Arabic, PDF)
- FAQ guide on the 2025 Saudi Labor Law amendments, Ministry of Human Resources and Social Development (Arabic, PDF)
- Terminate an Employment Contract, user guide, Ministry of Human Resources and Social Development (PDF)
- Friendly Settlement for Labor Disputes, Ministry of Human Resources and Social Development
- Labor Law (Royal Decree No. M/51), Bureau of Experts at the Council of Ministers
Information checked against official sources as of November 2026.
A legal advisor holding a Bachelor’s degree in Law from the prestigious Cairo University. He possesses extensive experience spanning over 25 years in criminal, civil, and family law, during which he has achieved notable accomplishments that have solidified his reputation as a valuable asset to any legal team
