Absence during the probation period: the law, employee rights and solutions

The probation period is the first few months in which it becomes clear whether the employee suits the job, and whether the company suits the employee. Because it is short, every day of absence in it shapes the picture a company forms of a new hire, and can even change the date on which it ends.

This article explains what the Saudi Labour Law says about the probation period after the 2025 amendments: its length, the leave that does not count towards it, and the right to end the contract during it. It then covers how absence affects the assessment of an employee, and how a company can run this period fairly and with proper records.

What is an employee probation period?

The probation period is an agreed period at the start of the contract in which the company assesses the employee's performance, behaviour and commitment in real work, and the employee assesses the company and the job. It is also a settling-in period, in which the employee gets to know the team and the way the work is done.

What sets it apart in law is that each party has the right to end the contract during it, as the next section explains.

What are the probation rules in the Saudi Labour Law?

The probation period is governed by Articles 53 and 54 of the Labour Law as amended by Royal Decree No. M/44 dated 8/2/1446 AH, and by Article 19 of the Implementing Regulations. These are its main rules.

Stated in the contract, with a cap on its length

Article 53 reads: "If the worker is subject to probation, this must be stated expressly in the employment contract and its length clearly defined, provided that the total period does not in any case exceed one hundred and eighty days."

In other words, the current text sets no default length such as 90 days. It leaves the length to the contract and caps it at 180 days. Article 19 of the Implementing Regulations adds that the probation period may be split into several periods "provided that these periods are consecutive and that this is stated clearly when the employment contract is concluded".

Leave that does not count towards the period

Article 19 of the Implementing Regulations states that "Eid al-Fitr and Eid al-Adha leave, National Day leave, Foundation Day leave and sick leave do not count towards the probation period".

In practice, if any of this leave falls within the probation period, its days are added to the end of the period. An employee who takes five days of sick leave finishes probation five days later.

No repeat probation

Article 54 states that a worker may not be placed on probation more than once with the same employer. As an exception, the two parties may agree in writing to a further probation period if it is for a different profession or job, or if at least six months have passed since the worker's previous employment with that employer ended.

Ending the contract during probation

Article 53 closes by saying that "each party has the right to end the contract during this period". The contract is ended through the platform, as clause 6.2 of the unified employment contract annexed to the Implementing Regulations provides.

No compensation and no end-of-service benefit

Article 54 reads: "If the contract is ended during the probation period, neither party is entitled to compensation, nor is the worker entitled to an end-of-service benefit for it."

The employee is still owed pay for the days worked. Article 88 requires the employer to pay the wage and settle the worker's dues within one week at most of the end of the relationship if the employer ended the contract, and within no more than two weeks if the worker ended it.

Read more: Performance appraisal systems: how to measure and improve employee performance

Is an employee entitled to leave during probation?

Yes. The Labour Law does not exclude an employee on probation from the leave it provides for, but some types of leave change how the probation period is counted:

• Sick leave: Article 117 gives a worker whose illness is proven paid sick leave on full pay for the first 30 days, on three quarters of pay for the next 60 days, and unpaid for the 30 days after that, within one year. Its days do not count towards probation.
• Eid and public holidays: Article 112 gives every worker leave on full pay on the holidays and occasions set by the Implementing Regulations. Eid al-Fitr, Eid al-Adha, National Day and Foundation Day leave do not count towards probation.
• Leave for life events: Article 113 gives five days on full pay on marriage or on the death of a spouse or of any ascendant or descendant (parents, grandparents, children, grandchildren), and three days on the death of a brother or sister, all counted from the date of the event; and three days for the birth of a child, taken within seven days of the birth. The employer may ask for supporting documents. This leave is not on the list of leave excluded from the period, so its days do count towards probation.
• Annual leave: Article 109 gives the worker annual leave for each year and lets the employer set its dates according to the needs of the work. Granting it during probation is a matter for the company's schedule, and its days count towards probation because it is not one of the excluded types of leave.

How does absence during probation affect the employee's assessment?

Probation is the only chance to measure an employee's performance in actual work covering all aspects of their role before the contract continues: productivity and quality of work, strengths and weaknesses, behaviour with colleagues and managers, and punctuality. Absence affects all of these:

• Commitment is a core criterion: regular attendance is one of the first things a company measures in a new employee, and absence without notice weakens that criterion directly.
• Early impressions: repeated absence in the first weeks can leave an impression of a lack of seriousness, even if the employee performs well on the days they attend.
• An incomplete assessment: frequent absence cuts the number of days on which performance and behaviour can be judged, so the assessment rests on a small sample.
• A moving end date: sick leave and the holiday leave named in the Implementing Regulations do not count towards the period, so the end date has to be recalculated whenever one of them occurs.

That is why it helps to separate, in the assessment, excused and proven absence (sick leave backed by a medical report, for example) from sudden absence without notice or an acceptable reason.

See also: Employee promotion systems: everything your company needs to know

Can an employee be dismissed for absence during probation?

Outside the probation period, dismissal for absence without an excuse is tied to the cases and conditions set out in Article 80 of the Labour Law, which we cover in our article on unexcused employee absence.

During probation, however, Article 53 gives each party the right to end the contract within the period, without tying that right to any number of days of absence. Even so, a fair decision rests on a documented assessment: the attendance record, the reasons for absence, whether the employee gave notice and proof, and their performance on the days they attended.

Unexcused absence itself is handled under the company's approved work regulations, which is why a new employee should know those regulations from day one.

Can a company refuse a resignation during probation?

The right to end the contract during probation belongs, under Article 53, to "each party": to the employee as much as to the company. If the employee wants to end the contract during probation, it is ended through the platform as the unified contract provides, with no compensation for either party and no end-of-service benefit (Article 54). The employee is still owed pay for the days worked, with dues settled within two weeks at most (Article 88).

How should a company manage absence during probation in practice?

1. Write the probation period into the contract in days, and if you split it into periods, say so expressly at signing.
2. Tell the new employee how to report an absence, what documents sick leave requires, and what the work regulations say.
3. Record every absence with its reason and supporting document, and keep excused and unexcused absence apart.
4. Recalculate the end of probation whenever sick leave, Eid leave, National Day or Foundation Day falls within it.
5. Hold a mid-point review with the employee and their manager, so the employee knows where they stand before the final decision.
6. Make the decision to confirm or end the contract before the period ends, based on the documented assessment.

How Dawmt handles new employees during probation

Dawmt is a human resources (HR) system that brings the data behind a confirmation decision together in one place:

• Time and attendance: clock-in from the mobile app or biometric devices, with an attendance history for each employee.
• Leave: leave requests from the app with the medical report attached, and leave balances for each employee.
• Performance appraisal: competency-based and goal-based reviews, which can be used for the mid-point and final probation reviews.
• Onboarding: task sequences for new hires with a board to follow their progress, and collection of their documents.

That way the decision to confirm or end the contract rests on a clear record rather than an impression.

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Sources

• Labour Law issued by Royal Decree No. M/51, with amendments up to Royal Decree No. M/44 dated 8/2/1446 AH, Ministry of Human Resources and Social Development (in Arabic): Articles 53, 54, 80, 88, 109, 112, 113 and 117.
• Implementing Regulations of the Labour Law and their annexes, Ministry of Human Resources and Social Development (in Arabic): Article 19, and the unified employment contract (clause 6).

This information was reviewed in October 2026. Regulations can change, so check the official source before relying on it.