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The probation period in the Saudi labor system: its terms and conditions
The “trial period” is an important stage in the path of any new employee, as it gives him the opportunity to learn about the work environment and culture, and evaluate his skills and abilities in a practical way, while giving the employer the opportunity to evaluate the employee’s suitability for the job before committing to a long-term employment contract. The Saudi labor system regulates this period through specific provisions that guarantee rights and duties for both parties to the relationship.
In this article, we will learn about the probation period in the Saudi labor system.
Definition of the probation period and its conditions
The “trial period” is defined in the Saudi labor system as a specific period of time agreed upon between the employer and the worker in the employment contract, aiming to evaluate the worker’s suitability for the job, and determine the extent of his competence and ability to perform its tasks.
The conditions for the probation period in the Saudi labor system are:
Duration: The trial period may not exceed 90 days.
Specification in the employment contract: The trial period must be clearly and explicitly specified in the employment contract.
Compatibility with the labor system: The trial period must comply with the provisions of the Saudi labor system.
Not requiring it: The employer may not require a trial period for the worker in some cases, such as:
Reassigned worker: If the worker is reassigned to the same facility or another facility of the same employer,
The worker transferred from one facility to another: If the worker is transferred from one facility to another belonging to the same employer,
Experienced worker: If the worker has previous experience in the same or similar job,
The worker appointed on a fixed-term contract: If the worker is appointed on a fixed-term contract whose duration is not less than one year.
Provisions of the probation period
There are provisions for the probation period in the Saudi labor system, which are:
Worker rights and duties
The right to wages: The worker is entitled to a wage for his work during the probationary period, and the employer may not reduce his wage beyond the wage agreed upon in the employment contract.
The right to vacations: The worker is entitled to annual and sick leave during the probationary period in accordance with the provisions of the labor system.
The right to social insurance: The worker is registered with social insurance during the trial period.
Duty to adhere to the work system: The worker must adhere to the provisions of the work system and the rules of the facility during the probation period.
Duty to exert effort: The worker must exert effort and sincerity in performing his work during the probation period.
Rights and duties of the employer
The right to evaluate the worker: The employer has the right to evaluate the worker’s performance during the probation period in the Saudi labor system.
The right to terminate the contract: The employer has the right to terminate the employment contract during the probation period in the Saudi labor system without giving reasons.
Duty to notify the worker: The employer must notify the worker of the termination of the employment contract during the probation period no less than 7 days before its end.
Duty to pay the worker’s dues: The employer must pay the worker’s due dues for the period of his work.
Duty to issue an experience certificate: The employer must issue an experience certificate to the worker stating the length of his work in the facility and the position he held.
Cases of termination of the employment contract during the probation period
Upon the employer’s termination of the contract: The employer has the right to terminate the employment contract during the trial period in the Saudi labor system without giving reasons.
The worker submits his resignation: The worker has the right to submit his resignation from work at any time during the probation period.
Due to death or disability: The employment contract ends with the death of the worker or his permanent inability to work.
Due to force majeure: The employment contract ends due to the occurrence of force majeure events that prevent the continuation of work.
Extending the probation period in the Saudi labor system
Article 54 of the Saudi Labor Law stipulates that the probationary period may be extended for an additional period, provided that the total duration of the probationary period does not exceed 180 days.
Conditions for extending the probation period in the Saudi labor system
Agreement between both parties: An agreement must be made between the employer and the employee to extend the trial period in writing.
Justifications for extension: There must be sufficient justifications to extend the probationary period in the Saudi labor system, such as:
• Business need: If there is an urgent need to extend the trial period to better evaluate the worker’s skills,
• Exceptional circumstances: If the facility experiences exceptional circumstances that affected the progress of work during the trial period,
• Worker’s absence: If the worker is absent from work for a long period during the trial period for justified reasons.
Procedures for extending the trial period
Drawing up an additional contract: An additional contract is drawn up stating the extension period and conditions.
Notifying the Ministry of Human Resources and Social Development: The Ministry of Human Resources and Social Development must be notified of the extension of the trial period within 30 days from the date of agreement between the two parties.
Special provisions for the trial period
There are several provisions regarding the probation period in the Saudi labor system, including:
The trial period provisions do not apply to some categories, such as:
Employees in senior positions
Workers in technical positions
Workers in crafts and industries
In the event of disagreements between the employer and the employee regarding the provisions of the probation period, resort is made to:
Labor Dispute Resolution Committee
Specialized court
The “trial period” is an important mechanism to ensure the worker’s suitability for the job, and to achieve a balance between the interests of the employer and the worker. The Saudi Labor Law clarifies specific provisions for this period, guaranteeing rights and duties for both parties to the relationship, taking into account some special cases.
Advice for the worker and the employer during the trial period
For workers and employees, we advise them to:
Getting to know the work environment: During the probationary period in the Saudi labor system, the worker must become familiar with the work environment and its culture, including:
Facility structure
Business rules
Colleagues
The tasks assigned to him
Show enthusiasm and commitment: The worker must show enthusiasm and commitment in performing his work during the probationary period in the Saudi labor system, through:
Attendance on time
Commitment to deadlines
Readiness to learn
Ask questions
Find solutions to problems
Requesting direction and guidance: During the probationary period, the worker must seek guidance and guidance from his supervisor or from his experienced colleagues, in order to ensure that he performs his work correctly.
Evaluating his skills and abilities: During the probationary period in the Saudi labor system, the worker must evaluate his skills and abilities objectively, in order to know his strengths and weaknesses.
Effective communication: During the probationary period in the Saudi labor system, the worker must communicate effectively with his supervisor and colleagues, in order to create positive and constructive relationships.
Maintaining the confidentiality of information: During the probationary period in the Saudi labor system, the worker must maintain the confidentiality of the facility’s information.
There are several tips for the employer during the probation period in the Saudi labor system, which are:
Setting clear expectations: During the probation period in the Saudi labor system, the employer must set clear expectations for the worker in terms of:
The tasks assigned to him
The desired objectives
Performance Standards
Providing training and guidance: During the probationary period, the employer must provide training and guidance to the worker to ensure that he performs his work properly.
Monitoring the worker’s performance: During the probation period in the Saudi labor system, the employer must periodically monitor the worker’s performance and provide him with constructive feedback.
Evaluating the worker’s suitability for the job: During the probationary period in the Saudi labor system, the employer must evaluate the worker’s suitability for the job, through:
Monitor its performance
Get feedback from his supervisor
Discussing the worker’s strengths and weaknesse
Making the appropriate decision: During the probation period, the employer must make the appropriate decision regarding whether or not the worker continues in the job, based on his assessment of the worker’s suitability for the job.
The “trial period” is a golden opportunity for both the employer and the employee to evaluate the employee’s suitability for the job, and to build a successful and fruitful working relationship. By following the above tips, both parties can ensure they make the most of this period.
The Doc Suite system and its role in the probation period in the Saudi labor system
The Doc Suite system is one of the most important electronic systems that contribute to regulating the Saudi labor market and ensuring the rights of both the employer and the worker. This system plays an important role in facilitating the recruitment process and managing employment contracts, including the trial period in the Saudi labor system, through:
Documentation of employment contracts
The DocSuite system makes it possible to electronically document employment contracts, including the conditions of the probation period in the Saudi labor system, such as its duration and provisions.
This helps ensure that terms are clear and that the rights of both employer and employee are guaranteed.
Follow up on the progress of the trial period
The Doc Suite system makes it possible to monitor the progress of the probation period electronically, including evaluating the worker’s performance and providing him with feedback.
This helps ensure that the worker adheres to their duties and assesses their suitability for the job.
Terminating employment contracts during the probation period in the Saudi labor system
The Doc Suite system provides the possibility of terminating employment contracts electronically during the trial period, in accordance with the provisions of the Saudi Labor Law.
This helps ensure that employment contracts are easily and quickly terminated without the need for complex paperwork.
Resolving labor disputes
The DocSuite system makes it possible to resolve labor disputes related to the probation period in the Saudi labor system electronically.
This helps ensure rapid and transparent resolution of labor disputes.
Enhancing transparency
The Doc Suite system contributes to enhancing transparency in the Saudi labor market by providing accurate information about employment contracts and the trial period in the Saudi labor system, and this helps ensure that both the employer and the worker obtain their rights.