Trial period in the Saudi labor system
The probationary period in the Saudi labor system is among the laws stipulated in the Labor Law in the Kingdom of Saudi Arabia. During the probationary period, the worker is subjected to a period of training and testing to ensure his suitability for the job requirements. After this period ends, a decision is made to continue the worker’s work or terminate his contract.
It should be noted that undergoing a trial period at the beginning of work does not mean reducing the worker’s competence or skills, but rather it is a period to ensure that all the skills and conditions required by the worker holding the job are met. It allows the employer to monitor the worker and gives the worker the opportunity to ensure that the appropriate job is chosen. Learn a lot of details with him during this article.
Trial period in the Saudi labor system
The Labor Law in the Kingdom regulates the relationship between the worker and the employer, and sets laws and controls that regulate work between the two sides in all its aspects, and among these aspects is the trial period, which was addressed in detail and dealt with in a group of legal articles.
Trial period in the Saudi labor system
What is the trial period in the Saudi labor system?
It is the period of time that the employer adopts to follow up on the employee and test his skills and competencies at work, with the aim of ensuring that job-related tasks are performed optimally after his official appointment. The probationary period enables the employee to be exposed as unsuitable for the job and then refused appointment.
Does the employer have the right to dismiss a worker during the probationary period?
Does the employer have the right to dismiss a worker during the probationary period?
Yes, under Saudi law, an employer has the right to dismiss a worker during the probationary period if the worker is not suitable for the job, does not meet the required performance, or for any other reason. The probationary period is a testing period for the worker and the employer to assess the worker’s compliance with job requirements and expected performance.
According to Article 74 of the Saudi Labor Law, both the worker and the employer have the right to terminate the employment contract during the probationary period with no more than three days’ advance notice. The trial period is usually no more than 90 days, depending on the agreement of both parties and company policy.
Trial period in the Saudi labor system
Compliance with legal procedures
The legal and regulatory procedures in place when dismissing a worker during the probationary period must be adhered to, in order to avoid any potential legal problems. It is always preferable to consult a lawyer or legal expert to ensure compliance with the laws and regulations in force in the Kingdom of Saudi Arabia.
Can you leave work during the trial period?
If the worker determines that there is a incompatibility between him and the work during the probationary period, he can leave work under the Saudi labor system, provided that the contract between the worker and the employer includes a right for one party to terminate the contract without the need for the consent of the other party, and this right is usually available to the employer.
Is the worker entitled to receive a salary during the probationary period?
The Labor Law in the Kingdom of Saudi Arabia stipulates that the worker during that period has the right to receive a sum of money that is considered a salary for this trial period during which he works for the company.
The trial period salary is a financial amount agreed upon between the worker and the employer in the trial period contract. It is paid by the employer to the worker as compensation for the effort he put into working for him.
The contract must include the amount of salary increase that the worker will receive if he continues to work and proves his worthiness of the job after the end of the trial period.
Trial period in a fixed-term contract
The probationary period for new employees contributes to the formation of the capabilities and skills necessary to benefit from the job, and contributes to avoiding problems that may occur as a result of hiring employees who are not suitable for the task, which ensures a suitable work environment that ensures development and progress at work.
The trial period benefits both the employee and the employer, providing them with an opportunity to test each other’s service and reach an agreement between them, with the goal of enabling each party to make the right decision regarding business continuity after the trial period has passed or not.
During the probationary period, a worker in Saudi Arabia has the right to terminate his employment relationship with his employer without any fear of penalties or disciplinary measures.
The probationary period must be clearly defined in the contract signed between the parties, and the contract must include the specific time during which the worker will be monitored by the employer.
The trial period does not include any sick leave, holiday or occasion leave, or any other leave. These days are paid days, but they do not count toward the trial period. Weekly rest days are added to the trial period calculation.
What is the penalty clause during the trial period?
Saudi labor laws have approved provisions and controls to regulate the probationary period in the public and private sectors, and leave the freedom of agreement between the employer and the employee regarding the penal terms for the probationary period through the contract signed between them.
During the probationary period, the employee undergoes a training and qualification period to assess his abilities and skills in his field of work. A penalty clause is agreed upon during the probationary period, provided that the contract between the two parties includes the penalty clause.
Is there a notice period in the trial period?
The trial period in the Saudi labor system is a 90-day trial period, as previously mentioned. Extensions of the trial period are permitted for an additional period, provided the relevant parties in the contract have written consent. However, the total trial period after the extension must not exceed 180 days.
Article 53 of the Saudi Labor Law includes the possibility of extending the probationary period from 90 days to 180 days, but a notice must be issued to extend the probationary period and a clear formula must be used for the extension. If the formula is unclear, the worker may not be retained for 180 days, and the worker has the right to terminate the contract at any time without being subject to penalty or penalty.
When does the trial period end?
The Saudi Labor Law clarifies the step that precedes the start of official appointment procedures, which is the trial period in the Saudi labor system or probation, which gives the employer the opportunity to choose to legally confirm the worker’s contract, or cancel the contract due to the worker’s unsuitability for the job.
The trial period specified in the Labor Law ends upon the expiration of the three-month period specified in the system, or upon termination of the employment contract by the employer after notifying the employee, or upon the employee leaving work.
The trial period in the Saudi labor system may be extended for an additional period, provided that the final trial period does not exceed six months.
Can the trial period be renewed?
The Saudi Labor Law stipulates that the employer has the right to apply a second trial period for the worker in a new job, no less than 6 months after the end of the previous contractual relationship between the worker and the employer, provided that written approval is obtained from both parties.
The employer has no right to put the worker on probation for a period of time longer than necessary for himself, as this is considered a violation of labor law.
Trial period in the Saudi labor system
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