In employment, probation is considered a crucial step to ensure the alignment of the employee with the job's nature and its requirements. In this context, the Saudi labor system outlines specific rules regarding the probation period and its repetition.
The probation period is a trial phase at the beginning of employment where the employer assesses the employee's suitability for the role. It allows both parties to evaluate the working relationship before committing to a long-term contract.
Article 54 of the Saudi Labor Law outlines the framework for probation, including conditions for termination, extension, and employee rights. Employers and employees must adhere to these legal provisions to avoid disputes.
The standard probation period in Saudi Arabia is 90 days. However, it can be extended up to 180 days if both the employer and employee agree in writing.
Employers must:
Communicate probation terms.
Provide necessary training and evaluation.
Ensure compliance with labor laws.
Employees on probation have rights such as:
Receiving fair wages.
Working in a safe environment.
Being informed of performance evaluations.
Either party can terminate the employment during probation without prior notice, provided the contract specifies such a provision. However, wrongful termination may lead to legal consequences.
The probation period can only be extended once, and the total duration cannot exceed 180 days.
If the employee completes the probation period, they transition into a permanent role with full employment rights.
Employees are entitled to wages and benefits during probation, but certain allowances may be excluded.
Different job roles have varied probation terms, especially for senior executives or specialized roles.
Some common disputes include:
Unclear contract terms.
Unfair dismissal claims.
Delayed salary payments.
Saudi labor laws on probation are similar to other GCC countries but may differ from international labor standards.
Recent updates have focused on improving transparency and ensuring employee rights are protected.
No, the maximum allowed duration is 180 days.
Yes, but they must adhere to contract terms.
Some benefits apply, but allowances may be restricted.
They may file a complaint with the labor authorities.
While not mandatory, it is recommended for performance assessment.
According to Article 54, an employee cannot be placed under probation more than once by the same employer, unless otherwise agreed upon in writing.
An exception to this rule is allowing the placement of the employee under probation again, provided it's in a different profession or job from the previous one, or after not less than six months from the termination of the previous employment contract.
If the contract ends during the probation period, neither party is entitled to compensation, and the employee does not receive end-of-service benefits for that period.
These rules aim to protect the rights of the employee and delineate procedures related to the probation period, thereby enhancing transparency and fairness in the employment relationship. Consequently, trust and stability in the work environment are reinforced, benefiting everyone involved.
February 22, 2024
- بواسطة Mohamed Abdulaziz
