Under Article 53 Saudi Labor Law, as amended by Royal Decree No. (M\/46) dated 5\/6\/1436 AH, both the employer and the employee are entitled to terminate the employment contract without legal consequences during the probation period, provided the following conditions are met:<\/p>\n\n\n\n
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- The probation period must be explicitly stated in the employment contract, and its duration must be clearly defined, not exceeding 90 days.<\/li>\n\n\n\n
- The probation period may be extended by mutual written agreement between the employer and the employee, provided the total duration does not exceed 180 days.<\/li>\n\n\n\n
- Public holidays (such as Eid Al-Fitr and Eid Al-Adha) and sick leaves are not counted as part of the probation period.<\/li>\n\n\n\n
- Either party may terminate the contract during this period, unless the contract includes a clause that grants the right of termination exclusively to one party.<\/li>\n<\/ul>\n\n\n\n
The amended Article 53 further emphasizes the importance of clarifying all terms related to the probation period in the contract and obtaining the employee\u2019s written consent. The probation period is optional, not mandatory, and it grants both parties flexibility to end the employment relationship without liability unless otherwise agreed upon in the contract.<\/p>\n\n\n\n
Read also: Understanding Important Tips of Article 75 Saudi Labor Law<\/mark><\/strong><\/a><\/p>\n\n\n\n
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Article 53 Saudi Labor Law<\/figcaption><\/figure>\n\n\n\n <\/a>Probation Period Conditions Under the Saudi Labor Law<\/strong><\/h2>\n\n\n\n
The Saudi Labor Law outlines a set of clear conditions that must be observed during the probation period, ensuring a fair and transparent working relationship between the employer and employee. The key conditions are as follows:<\/p>\n\n\n\n
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- The duration of the probation period must be clearly stated in the employment contract, and it must not exceed 90 days. However, it can be extended up to a maximum of 180 days, provided there is explicit written agreement between both parties.<\/li>\n\n\n\n
- An employee cannot be placed under probation more than once with the same employer, unless there is a new written agreement between both parties, and the following conditions apply:
- The new role must be under a different job title.<\/li><\/ul>\n
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- The position must involve a different occupation within the same establishment, justifying a new probation period.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
- There must be a minimum of six months between the end of the previous employment relationship and the new appointment for a second probation period to be valid.<\/li>\n\n\n\n
- Eid Al-Fitr and Eid Al-Adha holidays, as well as sick leaves, are not counted within the probation period.<\/li>\n\n\n\n
- If the contract is terminated by either party during the probation period, the other party is not entitled to any compensation. Furthermore, the employee is not eligible for end-of-service benefits if the contract ends during the probation period.<\/li>\n<\/ul>\n\n\n\n
Check out: <\/mark>Understanding Legal Saudi Labor Law working hours<\/mark><\/a><\/strong><\/p>\n\n\n\n
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Article 53 Saudi Labor Law<\/figcaption><\/figure>\n\n\n\n
- The new role must be under a different job title.<\/li><\/ul>\n