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February 21, 2024 - BY Sultan Alqahtani

Regulating the Probationary Period in the Saudi Labor System: Employee Rights and Guarantees

Article 53 of the Saudi Labor System is a crucial provision governing the employer-employee relationship, explicitly defining the probationary period and its duration. The law mandates clear mention of the probation period in the employment contract, emphasizing that it shall not exceed ninety days.


Moreover, the law allows for the extension of the probationary period by written agreement between the employee and the employer, provided that it does not exceed one hundred and eighty days. This legal directive aims to encourage mutual agreements that serve the interests of both parties, enhancing stability in the workplace environment.


Importantly, the probationary period does not include Eid Al-Fitr, Eid Al-Adha holidays, or sick leave. During this period, the employee is obligated to attend work and adhere to working hours without exceptions, as it is a critical time for evaluating performance and suitability for the job.


Furthermore, the law grants both parties the right to terminate the contract during the probationary period, unless the contract includes a clause granting termination rights to one party. This reflects the principle of equality in the employment relationship and preserves mutual rights and guarantees.


Overall, Article 53 constitutes a valuable addition to the Saudi labor system, providing a clear legal framework regulating the employment relationship during the probationary period, while safeguarding the rights of both parties and ensuring stability in the workplace.

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