The probation period is a sensitive stage in which each party tests the other, and during which ending the relationship is easy and flexible. But many workers and employers do not know its precise limits after the recent amendments, nor their rights during it. This is a concise practical guide explaining the provisions of the probation period per the in-force text after the amendments of Royal Decree (M/44).
First: it must be expressly stated
The probation period is not presumed; it must be expressly stated in the employment contract with its duration clearly specified. If the contract is silent about it, the worker is not on probation at all, and their contract is treated as ordinary from the first day.
Second: the maximum became 180 days
Here is the important change. After the maximum probation period was ninety days, the amended law provided that the total probation period in all cases does not exceed one hundred and eighty days. That is, the employer and worker may agree on a probation period of up to approximately six months.
What is not included in the period's calculation?
The Eid al-Fitr and Eid al-Adha holidays and sick leave are not counted within the probation period. That is, these leaves effectively extend the end of the probation period by their amount, so they are not counted against the worker.
Third: may the probation period be repeated?
The default is that the worker may not be placed on probation more than once with a single employer. But the amended law permitted, as an exception, subjecting the worker to another probation period by written agreement in one of two cases:
- that it be in another profession or other work different from the first.
- or that a period of no less than six months has passed since the end of the worker's relationship with the employer.
Fourth: termination during the probation period
During the probation period, each party has the right to terminate the contract, unless the contract includes a provision restricting this right to one of them. This is intended flexibility at this stage.
Most importantly: if the contract is terminated during the probation period, neither party is entitled to compensation, nor is the worker entitled to an end-of-service award for this period. This is why the probation period is considered a stage of low financial obligation upon termination.
An important point for the worker
Despite the flexibility of termination, the worker remains entitled during the probation period to their other rights while working: the wage, occupational safety, and their rights for work injuries. The probation period eases termination obligations, but it does not abolish the worker's rights during their actual work.
Fifth: what after the probation period ends successfully?
If the probation period passes and the worker continues in their work, their status converts to an ordinary worker, and the probation period itself is counted within their continuous service period for the purposes of rights built on length of service (such as leaves and the end-of-service award later).
Conclusion
The probation period is a flexible tool for both parties, but it is governed by conditions: an express provision, a maximum of 180 days, and restrictions on repetition. The golden rule: make sure the probation period is stated in writing clearly and its duration specified within the statutory ceiling — for ambiguity in it harms both parties, while clarity protects the employer's right to test and the worker's right to know their status.
How does LEXIUM help?
We review the probation-period clauses in your contracts to ensure their compliance with the in-force law, clarify each party's rights during it, and represent you in any dispute that arises over the validity of termination during the probation period or after it.
Note: This content is general, and the application of the probation-period provisions may differ according to the contract's wording and the circumstances of the case, so consulting a specialist is advised when needed.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. See our full disclaimer.