Direct Answer / Quick Summary:

Under Article 53 of the Saudi Labor Law (Royal Decree No. M/51), either the employer or the employee may terminate an authenticated digital contract during the probation period without serving a statutory notice period and without incurring financial compensation under Article 77. The standard statutory probation period is up to 90 calendar days, which can be extended up to a maximum of 180 calendar days only via mutual written consent executed on Qiwa. Key legal consequences include:

1. Zero Notice & Zero ESB: Neither party is required to give 60 days' notice, and the worker is not entitled to End of Service Benefits (Article 84).

2. Repatriation Ticket (Article 40): If the employer terminates the contract, the employer must provide the worker with a return ticket to their home country. If the employee resigns without statutory fault, the employee bears their own return travel costs.

3. The Day 90 Cliff: If termination is not digitally executed in the Qiwa Contract Management System before the probation countdown reaches zero, the contract automatically converts to full statutory status, making subsequent termination subject to Article 75 notice and Article 77 damages.

Statutory Foundations: Article 53 & Article 54 Explained

The probation period (Fatrat al-Tajriba) in Saudi Arabia is strictly regulated under Chapter 4 of the Saudi Labor Law. Courts and the Ministry of Human Resources and Social Development (MHRSD) interpret probation clauses with zero tolerance for ambiguity.

Key Provisions of Article 53

1Mandatory Contractual Clause: A probation period cannot be presumed or applied retroactively. It must be explicitly specified in writing in the authenticated digital contract on Qiwa. If an employment contract does not state a probation period, the employee is considered a confirmed, permanent hire from Day 1.
2Statutory Duration Limits:

- Standard Ceiling: Maximum 90 calendar days.

- Extended Ceiling: Up to 180 calendar days, provided both parties sign a written extension agreement during the original 90-day period. Under MHRSD regulatory guidelines, an employer cannot unilaterally impose an extension.

3Statutory Exclusions from the 90-Day Count:

- Official national holidays (Eid al-Fitr, Eid al-Adha, Saudi National Day, and Saudi Founding Day) do not count toward the 90-day probation period.

- Certified sick leave taken during the probation period pauses the countdown.

- The probation period automatically extends by the exact number of holiday or medical leave days.

4Unilateral Termination Discretion: Unless the contract explicitly specifies that only one party (e.g., the employer) holds the right of termination, both parties have an equal statutory right to end the contract at any moment during probation.
Step 1Days 1–90

Statutory Probation Initiation

Standard 90 calendar days (paused during Eid & certified sick leave)

Step 2Days 91–180

Mutual Extension Ceiling

Optional written extension up to 180 days executed on Qiwa

Step 3Confirmed

Permanent Full Contract

Day 91/181 cliff: Automatic conversion to standard Article 75 notice & Art. 77 rules

Strict Limitations on Re-Probation (Article 54)

Employers frequently attempt to place workers on a new probation period upon promotion, job transfer, or contract renewal. Under Article 54, subjecting an employee to more than one probation period with the same employer is legally prohibited, except under two strictly defined conditions:

1New Role with Substantially Different Duties: The worker is assigned to an entirely distinct occupation or profession (e.g., transitioning from an administrative coordinator to a certified sales manager).
2Six-Month Separation Rule: At least six (6) months have elapsed since the formal termination of the previous employment contract between the same parties.

Any probation clause drafted in violation of Article 54 is null and void (Baatil), and the employee is deemed fully confirmed.

Step-by-Step Qiwa Platform Workflow for Probation Termination

Under MHRSD's paperless framework, a probation termination letter handed to an employee has no administrative legal effect unless finalized through the Qiwa digital portal.

Pathway A: Employer Initiates Termination (Qiwa Business)

Step 1Phase 1

Access Contract Management

HR logs into Qiwa Business via Nafath and locates employee Iqama

Step 2Phase 2

Submit Article 53 Separation

Select 'Termination During Probation' before 90-day countdown expires

Step 3Instant

Instant Contract Dissolution

Contract dissolves immediately; GOSI Reason 04 & Muqeem updated automatically

1Access Contract Management: The establishment's authorized GRO or HR administrator logs in to Qiwa Business via Nafath.
2Locate Active Contract: Search for the employee via Iqama or Border Number. The system displays a live indicator: Status: In Probation Period (Remaining: X Days).
3Select Termination Ground: Choose Termination During Probation Period (Article 53). Qiwa validates that the request timestamp is strictly within the active probation window.
4Issue Operational Clearance: The employer enters the final working day. Once submitted, Qiwa does not trigger a 60-day notice period countdown. The contract dissolution is executed instantly.
5GOSI & Muqeem Sync: Qiwa automatically updates GOSI with separation code 04 (Termination During Probation) and releases the employee's labor record within the MHRSD system.

Pathway B: Employee Initiates Resignation (Qiwa Individuals)

1Log in to Qiwa Individuals using your Nafath credentials.
2Go to Services → Contract Management.
3Select your current contract and click Terminate Contract / Resign.
4Select the statutory reason: Termination During Probation (Article 53).
5Qiwa checks the system clock against your contract authentication start date. If within 90 days (or approved 180 days), the system processes the resignation without applying an Article 75 notice period.
6The employer receives an electronic notification. Employer approval is not required to finalize the separation.

Rights & Financial Liabilities: The Complete Legal Matrix

Terminating an employment relationship during probation significantly alters standard labor entitlements. The following matrix illustrates the exact statutory rights under Saudi Labor Law:

Legal ParameterEmployer Terminates (Art. 53)Employee Resigns (Art. 53)Standard Post-Probation (Art. 75/77)
Notice Period RequiredZero days (Immediate)Zero days (Immediate)60 days (Monthly salaried)
End of Service Gratuity (ESB)SAR 0 (No entitlement)SAR 0 (No entitlement)Accrued under Article 84 / 85
Article 77 CompensationSAR 0 (Neither party liable)SAR 0 (Neither party liable)Remaining wages or 15 days/yr
Earned Wages for Days WorkedFull prorated payment owedFull prorated payment owedFull prorated payment owed
Unused Annual Leave EncashmentProrated accrued days (Art. 111)Prorated accrued days (Art. 111)Full accrued leave balance
Repatriation Ticket (Article 40)Borne by EmployerBorne by WorkerBorne by Employer (if terminated)
Qiwa Job Mobility Window60-day transfer grace period60-day transfer grace periodDependent on transfer consent

Repatriation Tickets & Government Levies (Article 40 Rules)

One of the most heavily disputed areas during probation separation is who pays for travel tickets and government visa expenses:

1. Repatriation Flight Ticket (Article 40, Paragraph 1 & 2)

If the employer terminates the worker: Under Article 40(1), the employer is legally obligated to bear the cost of returning the expatriate worker to their recruitment origin, provided the employee does not transfer sponsorship to a new establishment within the Kingdom.
If the worker resigns voluntarily: Under Article 40(2), the employee is deemed to have terminated the relationship without valid statutory cause, and must fund their own return ticket.
Exception for Worker Breach: If the worker is dismissed during probation for gross misconduct under Article 80 (e.g., forgery, intoxication, assault), the worker forfeits employer-funded repatriation.

2. Can the Employer Recover Recruitment or Visa Fees?

No. Under Article 40(1) and MHRSD ministerial regulations, an employer is strictly prohibited from deducting government recruitment fees, work permit fees (Maktab Amal), Iqama issuance costs, or medical insurance premiums from the worker's earned salary, even if the worker resigns on Day 2 of probation. Any employment contract clause mandating that the worker repay visa or recruitment costs upon probation resignation is legally void and unenforceable before the Saudi Labor Courts.

Expat Job Mobility: Can You Transfer to a New Employer During Probation?

Under the historic Kafala regime, an expat worker failing probation faced automatic deportation under Final Exit (Khuruj Niha'i).

Under the Qiwa Labor Reform Initiative (LRI):

1The 60-Day Mobility Grace Period: Once a contract is terminated during probation on Qiwa, the expatriate worker is granted a 60-day grace window to secure new employment.
2Transfer Without Employer Consent: A new employer can send a digital job transfer request via Qiwa Business. The worker can accept the offer on Qiwa Individuals without requiring a release or No-Objection Certificate (NOC) from the terminating employer.
3Government Fee Reimbursement Caveat: Under MHRSD Article 40 regulations for domestic and commercial transfers, if an expatriate worker initiates a transfer during probation without completing the initial contractual term, the new hiring employer may be required by administrative portal rules to compensate the original employer for a prorated portion of recruitment and government visa issuance fees.

Top 5 Traps to Avoid During Probation Separation

1. The Day 91 Calendar Trap

The statutory probation window is calculated in calendar days, not business days (excluding official Eid/National holidays and certified sick leave). If an employer intends to dismiss an underperforming worker, the termination request must be submitted on Qiwa before 23:59 on the 90th day. If the request is submitted on Day 91, Qiwa rejects the Article 53 ground, converting the action into an Article 77 unlawful termination.

2. The Unrecorded 180-Day Extension

An email or WhatsApp message agreeing to extend probation from 90 to 180 days is insufficient. The extension must be formally drafted, signed by both parties, and uploaded or updated within the Qiwa contract portal prior to the expiration of the original 90 days.

3. Unlawful Salary Deductions for Handover Failure

An employer cannot withhold earned wages during probation under the pretext that the employee failed to complete an operational handover. Wages for all hours worked prior to the termination timestamp are strictly protected under the Wage Protection System (WPS) and must be disbursed within statutory deadlines under Article 88.

4. Overlooking Official Holiday Pauses

If an employee's 90-day probation spans the 4-day Eid al-Fitr holiday and 1-day Founding Day, the actual probation period is 95 calendar days. Employers who terminate on day 92 often believe the probation has expired, while workers often mistakenly claim their probation has lapsed. Always verify the adjusted statutory calendar.

5. Retaining Iqama or Passport

Employers are strictly prohibited under Ministerial Decision No. 166 from withholding the employee's original passport or residency card (Muqeem) as leverage during probation disputes. Doing so carries a mandatory statutory fine of SAR 20,000 per violation.

Frequently Asked Questions (FAQ)

Can an employer extend my probation period from 90 to 180 days without my consent?

No. Under Article 53 of the Saudi Labor Law, an extension beyond 90 days is valid only if both parties agree in writing. Unilateral extensions imposed by company management or employee handbooks without the employee's explicit signature are invalid.

Does an employee receive End of Service Benefits (ESB) if terminated during probation?

No. Under Article 84 of the Saudi Labor Law, End of Service Benefits accrue only upon completing valid continuous service past the probation threshold. Neither party owes gratuity for service rendered solely within the probation period.

What happens if an employee falls sick during the probation period?

Under Article 53, certified sick leave approved through the Ministry of Health (Sehhaty portal) pauses the probation countdown. The probation period is automatically extended by the exact number of days taken as medical leave.

Can an employer issue a Final Exit visa during probation without the worker's knowledge?

Under current Qiwa and Absher regulations, an employer cannot unilaterally issue an immediate Final Exit visa without notifying the worker. The worker has a 60-day window following contract termination to either transfer sponsorship to a new employer or depart voluntarily.

If an employee resigns on Day 85 of probation, do they need to serve a 60-day notice period?

No. As long as the resignation is submitted on Qiwa before the probation period expires, neither party is bound by the Article 75 notice period. The separation takes effect immediately or on the date specified in the probation resignation request.

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