The system established the trial period with the aim of the company knowing the extent of the worker’s suitability and competence for the job, the extent of the worker’s desire to continue working, and the suitability of the work for him.
Many companies subject new workers to a trial period, and the employer must explicitly stipulate the trial period in the contract, and it is clearly specified. If it is not stipulated, the contract is considered effective from the worker’s commencement of work. If the worker is dismissed and there is no trial period, he has the right to claim the remaining value. From the contract if the contract was for a fixed period or with two months’ salary. Compensation for lack of notice. If the contract was for an indefinite period – a judicial precedent – the worker was dismissed after the first month of work and he was awarded compensation for terminating the employment contract in accordance with Article 75 of the Labor Law, and the compensation was estimated at the amount of ( 9000) Saudi riyals.
(Judicial precedent, instrument number 431708336, dated 01/15/1443 AH)
It is indicated in the contract whether ending the probationary period is a right for both parties or a private right for the employer or worker, provided that the probationary period does not exceed 90 days and may be extended by agreement of both parties, provided that it does not exceed 180 days. The agreement must be in writing (Article 53 of the Labor Law) and must The probationary period shall be extended after the commencement of the implementation of the employment contract, and during the validity of the probationary period (Article 19 of the regulations). The employment contract must be in two copies, with each party keeping a copy (Article 51).
It is not permissible for a worker to be subjected to a trial period more than once with the same employer. As an exception to this, it is permissible, with written agreement between both parties to the contract, to subject the worker to another trial period, provided that it is in another profession or work, or that a period of no less than 6 years has passed since the end of the labor relationship. Most famous (m. 54).
Is it permissible to dismiss a worker during the probation period and what are the consequences of dismissal?
Yes; The contract may be terminated during the trial period, and as a result the worker is not entitled to compensation or an end-of-service reward (Article 54), but he is entitled to leave allowance if he does not enjoy it (Article 111).
Can a worker leave work during the probation period without notifying the employer?
If the contract gives the worker the right to a trial period, the worker has the right to resign whenever he wants during the period and for any reason without notifying the employer (Article 53)
If the worker is a foreigner, he bears all the costs of return, and the employer does not bear the costs (Article 40 F2)
How is the trial period calculated?
The basic rule for the probationary period is 90 days. If the probationary period includes holidays for Eid al-Fitr, Eid al-Adha, and sick leave, they are not included in the calculation of the probationary period.