Saudi probation period: the 180-day limit in your offer letter

The rule and its legal source

The ministry's own Labor Relations page sets out the amended Article 53. It says that a probation period must be explicitly stated in the employment contract, with its duration clearly specified, and that the total duration must not exceed 180 days in all cases. The same text leaves the regulations to say which leave does not count towards the period, and it gives both parties the right to end the contract during probation.

Before the change, the structure was different. The 2005 English translation of the Labor Law on the Bureau of Experts website, which still reflects the Royal Decree M/51 text, allowed 90 days and a later written extension up to 180 days. The ministry's Implementing Regulations PDF on its own site carries the same older structure. Royal Decree M/44 replaced it. The amendments were published in the Official Gazette in August 2024 and took effect 180 days later, on 19 February 2025.

Two other rules sit next to Article 53. Article 54 says a worker may not be placed on probation more than once with the same employer. The ministry's page gives that rule in one line, so check the full Article 54 wording before you rely on any exception to it. Together, the practical position for a new hire is this: the probation clause must be in writing, its length must be stated, and the total must be 180 days or less.

The legal references are the Labor Law issued under Royal Decree M/51 of 23/8/1426H (2005), Article 53 as amended by Royal Decree M/44 (in force 19 February 2025), and Article 54 of the same law.

How the 180 days is worked out, step by step

1. Check that the contract contains a probation clause with a stated length. If the contract is silent, the probation does not apply. Do not rely on a verbal statement made at the interview.

2. Fix the start date. This is the first day the employee works under the contract, not the day the offer was signed.

3. Count forward from that day. Day one is the start date. Keep the count in calendar days unless the regulations say otherwise, and confirm the counting method with HR.

4. Remove any days the regulations exclude. The amended Article 53 leaves this list to the regulations. Older texts excluded the two Eid holidays and sick leave. Some law firm guides also list National Day and Founding Day. The current regulations are the only reliable list, so confirm it before you apply it.

5. Mark the last counted day as the end of probation. Ordinary employment starts the next day, and the probation rules stop applying.

6. Check that the total, including any extension agreed in writing, does not pass 180 days. The cap is on the total, so a second written extension does not lift the limit.

Worked example: a 180-day clause starting 1 March 2026

Suppose a company in Riyadh hires a finance officer. The contract is signed in February 2026, the employee starts work on 1 March 2026, and the contract states a probation period of 180 days. The company wants to know when probation ends so that HR can review the employee before the end of probation.

Now suppose the regulations exclude four days of sick leave that fall inside the period. Those four days are not counted, so the 180th counted day moves to 31 August 2026. The company should record that count in the HR file. The clause itself still reads 180 days.

The example uses a simple day count. It does not show a real employee's leave, and it does not say which leave is excluded. Those depend on the regulations and the employee's record.

Cases that change the answer

• Resignation or dismissal during probation. The amended Article 53 gives both parties the right to end the contract during probation. Some guides also say that no notice and no end-of-service award apply in that case. That detail is not in the Article 53 text on the ministry's page, so check the full law and the regulations before you rely on it.

• Contract type. The Article 53 text on the ministry's page does not separate open-ended contracts from fixed-term contracts. Ask HR how the probation clause is recorded in each type of contract before you issue the offer.

• Minimum service. The law does not state a minimum period of service before probation can be used. The condition is the written clause, not a length of prior work.

• Caps. The total is 180 days in all cases. A 90-day period followed by a written extension must still total 180 days or less, and the extension cannot be used to go beyond that figure.

• Second probation. Article 54 stops a second probation with the same employer. Any exception depends on the full text of Article 54, which is not summarised on the ministry's page.

• Excluded leave. The days that do not count are set by the regulations. The list can differ between older guides and the current regulations, so the regulations decide.

Common mistakes

The most common mistake is using the old 90-day figure. Many websites, and some older official help pages, still say the limit is 90 days with an extension to 180. A contract that copies that template may state the wrong structure, so HR should check the template against the amended Article 53 before the next offer is sent.

The second mistake is treating an offer letter as the whole contract. The probation clause must be in the employment contract itself. A line in an offer letter that is not carried into the contract is open to dispute.

The third mistake is counting from the wrong day. Some teams count from the offer date or the signing date. The count starts from the first day of work under the contract.

The fourth mistake is forgetting that the cap includes any extension. Some HR teams plan a 90-day review, then add a second 90 days later. Under the amended text, the total still cannot exceed 180 days.

The fifth mistake is assuming that a probation end date is automatic. The end date should be recorded, reviewed and communicated to the employee. Automation can flag it. A person still decides what happens next.

What to check with HR or a lawyer

Check the contract template first. Confirm that it states the probation length, that it does not exceed 180 days in total, and that the clause sits in the contract rather than only in the offer letter. Then check the current Implementing Regulations for the list of leave that does not count. If the regulations or the ministry's guidance give a different counting method, follow the regulations.

Ask a lawyer or the ministry about any case where the employer wants to end probation early, extend it, or place the same person on a new probation. The Article 54 rule and any exceptions to it need a case-by-case check. The question of whether the employee's resignation or dismissal triggers any payment during probation should also go to a lawyer. The official text does not settle every point that guides discuss.

A calculator can count the days. It cannot decide whether a clause is lawful, whether a leave type is excluded in a particular case, or how a dispute will be resolved. Those decisions stay with HR and, where needed, a lawyer.

This explains the rule in general terms; it is not legal or tax advice for your case.

Where routine HR and payroll work fits

Probation tracking is one of many routine HR and payroll jobs that repeat for every new hire. Employers that use AI workers set them to read the offer fields, check the probation clause against the current rule, calculate the end date, and prepare the reminder for the HR owner. A person still signs off the contract, approves the end date and makes the decision at the end of probation.