What is a Probation Period?

In Saudi Arabia, the probation period is an important time for both employers and workers. During the trial term, the employer assesses the worker’s performance and suitability for the position. The probationary term typically lasts three to six months, although under rare circumstances, it may be prolonged for up to a year.

The probation period does, however, have significant disadvantages. While permanent employment is not yet secured, it may be a stressful and unpredictable period for workers. Finding the ideal balance between providing the employee enough time to prove themselves and ending their contract if they are not a suitable match may be difficult for companies.

Duration of Probation Period

The probation period under Saudi Labor Law cannot exceed 180 days. However, the duration of the probation period can vary depending on the nature of the job and the agreement between the employer and employee. If the employer does not specify the duration of the probation period in the contract, it is assumed to be 90 days.

Article 53 & 54 of Saudi Labor Law states

• If the employee was under a probationary period, then such probation period shall be clearly referenced and specified in the work contract. The probation period shall not exceed more than ninety days, such period may be extended, subject to a written agreement between the parties, to a total of a hundred and eighty days. EID AL-FITR AND AL-ADHA holidays as well as sick leaves shall not be included in the calculation of the duration period. Either party may terminate the work contract during the probation period, unless the contract includes a provision giving such right exclusively to either party. The employee may not be put under a probation period more than once for the same employer. However, subject to a written agreement between the parties, the employee may be put under another probation period if it’s in regard to a different job or work or if a period no less than six months has passed since the termination of the previous labor relationship between the employer and the employee.
  
•  If the work contract is terminated during the probation period, neither party will be entitled to a compensation nor will the employee be entitled to an end of service award.

Is this your first job?
Know more about the probation period!#Labor_Education #Know_your_labor_rights pic.twitter.com/JgelARi7km

— وزارة الموارد البشرية والتنمية الاجتماعية (@HRSD_SA) January 29, 2019

Termination of Probation Period

During the probation period, the employer has the right to fire the employee without cause and without pay. Nonetheless, the dismissal must not be for discriminatory reasons, and the reason for the dismissal must be true. The employee is judged to have completed the probationary term and will get permanent job status, however, if the business chooses to keep them beyond the trial time.

Employee’s Rights during Probation Period

The employee is entitled to all benefits and protections outlined by Saudi labour law throughout the probationary period. This covers the minimum pay, yearly leave, sick leave, and benefits at the conclusion of employment. Moreover, the employer must provide the worker the safe workspace and instruction they need to accomplish their job obligations.

It should not be used by those exempt from the provisions on the Labor Law under Article 7 of Saudi Labor Law. The end of service benefits for domestic workers is covered under separate legislation in Article 16 of the Domestic Workers Law under Saudi Labor Law.

Know more about How End of Service benefits are calculated for getting Awards, Rewards or Benefits form your Employer as per Saudi Labor Law.

End of Service Benefits Calculator

You can now calculate End of Service Benefits Award using the Official website of Labor Education and here are the steps:

1 – Open the Official website of Labor education (www.laboreducation.gov.sa)

2 – Go to ‘Rights and Duties‘ and under it Click ‘End of Service Award‘ from the drop-down menu

3 – You’ll see two options after going to this page

1. Amount and Conditions of the Award >> This will give you the details about the Amount & Conditions of End of Service Award
2. End of Service benefits calculation >> Go here To Calculate the End of Service benefits

You can also go to this link to do directly to the End of Service Benefits Calculator.

After getting to the page where you can see the Calculator, follow the below steps:

1. Select the ‘Type of Contract’
2. Select the ‘Reason for end of service’
3. Enter your ‘Salary’
4. Enter ‘Duration of Service’
5. Press ‘Amount’ Button

After pressing the Amount button, You will be able to see the Amount you’ll get for your End of Service benefits.

Public Holiday in the kingdom of Saudi Arabia consists of Religious & National Holidays.

Here is a list of public holidays in Saudi Arabia in 2022.

Saudi Arabia Public Holidays 2022

Note: Muslim festivals are determined by seeing the new moon. Therefore, holiday dates are subject to change and we cannot guarantee their complete accuracy.

Ministry of Human Resources & Social Development (MHR&SD) of Saudi Arabia has approved this amendment to the Saudi Labor Law, as earlier it was

considered as a violation as per the Nitaqat Saudization program for the private sector

Expats can Switch Jobs in Saudi Easily

The amended in Labor Law states that current employer consent is not necessary for the transfer & will not be considered as a violation.

Earlier, there was a provision in the Saudi labor law stating that an expat worker can transfer his services to another employer only after spending at least 1 year with the current employer from the date of his entry into the Kingdom.

Ministry also approved amendments to other two articles related to the transfer of service of expatriate workers.

First Amendment

Expat worker can transfer his services to any another employer without stipulating the specific period in the event of the approval of the current employer and within the provisions of the Nitaqat stimulus program for establishments to Saudize jobs.

Second Amendment

Expat worker has the right to transfer his services to another employer upon the expiry of the period of the documented work contract without the consent of the current employer

Third Amendment

With regard to the provisions of Article 77 of the Labor Law, the expatriate worker may transfer his service to another employer without requiring the approval of the current employer when conditions are met

The stipulated conditions are: the worker shall have spent 12 months with the current employer from the date of his entry into the Kingdom; the worker has to notify the current employer about the transfer within a period of no less than 90 days before the end of the contractual relationship, unless the two parties agree otherwise.

“This decision cancels all previous decisions inconsistent with it,” it was stated in the amendment.

Jawazat has confirmed that any Saudi employer who will allow their expat workers to do jobs for own personal benefit or for an amount of money will be fines with 50,000 SAR (Saudi Riyals) along with 3 months Jail term

Fine on Employers, if Expat Worker allowed for Personal Benefit

First Time:

Any employer in Saudi Arabia, if he has committed this for the first time or violated this rule for first time will be jailed for a month and will be fined 5,000 SAR (Saudi Riyals)

Second Time:

Any employer in Saudi Arabia, if he has committed this for the second time or violated this rule for first time will be jailed for 2 months and will be fined 20,000 SAR (Saudi Riyals)

Third Time:

Any employer in Saudi Arabia, if he has committed this for the second time or violated this rule for first time will be jailed for 3 months and will be fined 50,000 SAR (Saudi Riyals)

This Fine will be multiplied by the no of workers whom the employer has allowed to engage in Jobs for their personal benefit as per the Saudi labor law

Jawazat in Saudi Arabia also said that there will be a ban on Saudi Employers if they are recruiting employees for a period of Less than a year in case of allowing self employment of a worker.

If this repeats then the ban will be increased to 2 yrs and 3 yrs for 2nd & 3rd time.

The  Directorate  General of Passports  stated that the saudi expats  must have cleared all the bills like Mobile/Landline bills,electricity and any other pending bill or a penalty.

The “final-exit” will be issued unless the saudiexpatriate clears all financial dues owing to any one with legal binding like bank loans,credit cards, business credits etc.

Jawazat made a point that the saudiexpatriate/s should not have any vehicle registered in his/ her name.

There should not be any unused previous visa issued on applicant’s name.

The  Directorate  General of Passports said that the validity of “ final exit” visas is  of 60 days valid from the issuing date.

The saudiexpatriate who is given the “final-exit visa must leave Saudi Arabia with in the validity period of 60 days.It is not related to the validity of their identity documents. The “final-exit”visa extension is not possible.If the person is outside the Saudi Arabia then exit visa cannot be issued to that expatriate.

A point that is to be noted is there is no fee for obtaining the “final-exit visa”.

The visa can be canceled through  the Kafeel’s account on “Absher” or “Muqeem” app.In case where the Saudi expatriate employee does not leave the kingdom, by paying SR.1000/- he can get the final exit visa  cancelled.

On  the contrary if the Saudi expat leaves the kingdom then “ exit-only visa” can’t be cancelled therefore its necessary to obtain a new visa for the expat employee to bring him back to KSA.

The Saudi expatriate must have a valid passport to get the “final exit  visa”.The expat passport should be having 60 days validity to get the “final exit”

If the passport is having less than 60 days validity then he must get his passport renewed to get the final exit visa.

The sponsor /Kafeel do not have any right to file the “huroob” report with the authorities post issuing of the “exit-only” visa.

If the kafeel wants  to file a case of “huroob”then its mandatory to cancel the “exit only” visa for the workers who were absconding.

As per the new regulations  Jawazat is providing a new service offering the employer a 10 days grace period to inquire about the worker’s request for the “final –exit” visa issuance. If  the employer do not replies

Then the Saudi expatriate can be issued a “final exit” visa with a validity period of 15 days from the date of issue.

The MOI (Ministry Of Interior) explained  that if the Saudi expatriate leaves the country for good during his contract validity period then he/she will not be able to come back as he will be banned from returning to  Saudi Arabia.

These amendments are  step towards “ improving the contractual employee and employer relations.

Ministry has directed to add insurance for all the domestic workers while creating contracts and ensure that the rights of both employers and the workers.

Insurance Coverage for Domestic Workers to be providedDo

The cost of the insurance for Domestic Workers will be included in the contracts between the employers & the recruitment companies

Insurance will be for the first two years and after two years it will be optional for the employer after renewing the worker’s residency.

This step from the MHRSD (Human Resources and Social Development) Ministry will help in attracting domestic workers to Saudi Labor market. This will also help in improving the contractual relationship, reducing risks in the domestic labor market.

Saudi Department of Labor Relations at the branch of the Ministry of Human Resources & Social Development in the Riyadh has been able to settle claims for dues of deceased foreign & expatriate workers.

Total of 31 Million SAR have been given till now to the family of the deceased expat workers in the last 15 months. This is a big amount for the kin of the deceased in co-ordination with the respective embassies and their relatives.

This is really very good from Saudi Arabian government which marks a major achievement in protecting the rights of workers and providing motivation to all the Expat workers who are living and working in Saudi Arabia leaving their families back in their home country.

The department is also involved in implementing the new Labor Law regulations announced by the Ministry as part of the labor reforms in Saudi Arabia which includes transferring services of workers without the consent of the employer in the event of the failure of the latter in attending the sessions for the amicable settlement of disputes; granting work permit for the purpose of issuance of final exit in the event of the expiry of residency permit (iqama); granting work permit with authorizing its fee to be paid by the employer who halted his business activity, in addition to receiving complaints about runaway workers and handling them.

No Need of taking permission from the Employer after the contract is End. You can move from One job to apply or apply for a new job before your contracts gets ended.

Career & Job Mobility Services in New

Contract System

This contract will be a upon agreement with Employer and Employee and breaking this contract will have financial or legal obligations to both the parties.

Expat worker has to submit a notice period before moving from One Employer to another Employer without any Employers approval he can simply move to another Job or Company within Saudi Arabia.

Transfer mechanisms are determined during the validity of the contract provided along with controls and measures are adhered during notice period.

Expat worker must submit a 90-day notice period and should not violate any work system during this period to harm Employer company or work.

Ministry has facilitated an Oiwa platform for submitting new service request for change in employers or has desire to move from the existing Employer.

The Ministry of Hyman Resource & Social Development in Saudi have announced new labour reforms under program called National Transformation Program (NTP) to enhance and provide value to Employer and Employee relationship in private sector. This will help improve the relationship between the employer and employee as well as improve job market and establish trust in employers, and also helps in empowering & developing work environment in Saudi Arabia.

Saudi Arabia Labor Reforms for Expatriates in Private Sector

Labour Reforms Initiative (LRI) will allow Job Mobility providing Exit & Re-Entry Visa for Expats in Private Sector

LRI will include specific measures to control the relationship in a contract.

LRI will come into effect on 4th March 2020 which is a good news for all the Expats working in private sector companies in the kingdom of Saudi Arabia.

Benefits of Labour Reforms Initiative (LRI) :

• Expats workers can transfer between employers after work contract expires without any approval from Employer
• Expats can travel outside Saudi Arabia using a Exit Re-Entry Visa without employers approval
• Expats can leave Saudi Arabi without the employer’s consent after the end of the employment contract. Employer, will be notified electronically of their departure.
• Any Contract broken Be it Employer or Employee needs to bear the consequences of the contract agreement.
• All services will be made available to the public through the smartphone application (Absher) and (Qiwa) portal of the ministry.

This will help in contributing to Saudi Arabia Vision 2030.