Can I Terminate My Contract During the Probation Period in Saudi Arabia?

If you are working in Saudi Arabia and wondering “can I terminate my contract during the probation period,” the short answer is yes, in most cases, either the employee or the employer may end the employment relationship while probation is still running. The Saudi Labor Law, particularly Article 53, provides the legal framework that governs probation-period termination, and the Qiwa platform operated by the Ministry of Human Resources and Social Development (HRSD) is the mandatory digital channel through which the process is executed. However, the consequences of termination, notice obligations, end-of-service entitlements, iqama status and potential contractual penalties, depend heavily on how the contract is drafted, who initiates the termination, and the specific steps taken inside Qiwa.

This guide walks employees and employers through the legal rules, the exact Qiwa workflow, the financial exposure on both sides, and the common pitfalls that lead to disputes or litigation.

Quick Answer: Can I Terminate My Contract During Probation?

Under the Saudi Labor Law, the probation period is a trial window written into the employment contract that allows both parties to assess the working relationship. During this window, either the employee or the employer may terminate the contract without the procedural burden that applies after probation ends, provided the probation clause was validly agreed in writing and recorded in the Qiwa system.

Article 53 of the Saudi Labor Law states that if the contract includes a probation period, either party may terminate the contract during that period. This right applies unless the contract itself restricts it, for example, by requiring a specific notice period or limiting termination to one party only. Because the HRSD and Qiwa guidance pages expressly reference Article 53 in the context of probation-period termination, it is the primary statutory provision employees and employers should understand.

From the employee’s perspective, this means you can resign during probation without needing to show cause. You are not required to prove that the job was unsuitable or that the employer breached any obligation. However, simply having the legal right to terminate does not mean there are no consequences. Financial exposure, iqama complications and contractual penalty clauses can all arise, and the way you execute the termination inside the Qiwa platform determines whether the process proceeds smoothly or triggers a dispute.

For employers, Article 53 similarly permits termination during probation, typically without the obligation to pay end-of-service benefits, provided the termination falls squarely within the probation window and complies with any contractual requirements. Industry observers expect that as Qiwa contract termination rules continue to be refined, the digital workflow will impose additional documentation requirements on employers exercising this right.

Law and Rules That Matter: Article 53, Probation Rules and Notice

What Article 53 of the Saudi Labor Law Says

Article 53 is the cornerstone provision governing probation in Saudi Arabia. It permits either party to terminate the employment contract during the probation period, provided that a probation clause was included in the written contract. The HRSD knowledge-centre guidance on termination of the contractual relationship references Article 53 directly as the basis for probation-period termination. The article does not impose a mandatory notice period for probation termination, but it also does not prevent the parties from contractually agreeing to one. Where the contract is silent on notice during probation, the likely practical effect is that termination can be immediate once the Qiwa cancellation is processed.

Differences Between Article 53 and Article 54

While Article 53 addresses termination during the probation period specifically, Article 54 deals with termination of a contract for cause, situations such as serious misconduct, material breach or failure to perform essential duties. The distinction matters because termination under Article 54 can occur at any stage of employment and carries different consequences, including potential forfeiture of certain employee rights. Employees who are terminated “for cause” under Article 54 after probation ends face a more complex legal landscape than those whose contracts are simply ended during the trial window under Article 53.

Maximum Probation Duration and Re-Probation Rules

The probation period in Saudi Arabia must not exceed 90 days, according to HRSD guidance. It may be extended to 180 days with the written agreement of the employee. Weekends, official holidays and sick leave are typically excluded from the count. A critical rule that many employees overlook is that an employee who leaves and later returns to the same employer cannot be placed on probation again for the same role unless the re-engagement is for a genuinely different position or more than six months have elapsed. Understanding these limits is essential before deciding whether you can still terminate under the probation framework or whether your probation has already expired.

Practical Employee Steps: Can I Terminate My Contract in Qiwa During the Probation Period?

Yes, Qiwa allows employees to initiate contract termination directly through their individual accounts. The platform’s employee-facing pages provide a workflow for managing and cancelling employment contracts, including during the probation period. The key is to follow the correct sequence of steps and select the appropriate termination reason, because errors at this stage can delay the process or create grounds for an employer dispute.

Below is the step-by-step process based on the Qiwa employee portal workflow:

1. Confirm your probation status. Before doing anything in Qiwa, review your appointment letter and check the start date recorded in your Qiwa contract. Verify that you are still within the probation window (90 days, or up to 180 days if extended in writing). If your probation has already expired, the termination process and its consequences change significantly.
2. Log into your Qiwa account. Navigate to the Qiwa employee portal and access the Manage Current Employment Contract section. This is the menu area where contract amendments, transfers and terminations are handled.
3. Select Cancel/Terminate Contract. Within the contract management interface, locate the option to terminate or cancel your current contract. Qiwa will prompt you to select a termination reason from a dropdown menu. Choose the reason that most accurately reflects your circumstances, common options include resignation during probation, mutual agreement, or end of contract term. Selecting the wrong reason can trigger different notice rules or flag the termination for employer review.
4. Understand notice handling during probation. If your contract does not include a specific notice period for probation termination, the Qiwa system may process the termination without a mandatory notice countdown. However, if the contract requires notice, even during probation, the platform may enforce that window. Check your appointment letter carefully before submitting.
5. Track employer acceptance. After you submit the termination request, the employer receives a notification through their Qiwa business account. Depending on the termination type, the employer may need to accept the request, or the termination may proceed automatically after a defined period. Monitor your Qiwa account for status updates.
6. Know the withdrawal rules. Qiwa provides a withdrawal window, early indications suggest this is typically seven days, during which the initiating party may reverse the cancellation request. If you change your mind, act within this window. Once the withdrawal period closes and the employer has accepted (or the automatic processing period expires), the termination becomes final.

Qiwa UI Checklist, Before You Submit

• Screenshot your current contract details in Qiwa (start date, probation clause, contract type) before initiating termination.
• Save a copy of your appointment letter with the probation clause highlighted.
• Confirm the termination reason matches your actual situation, do not select a generic option if a probation-specific option exists.
• Check for any pending salary, allowances or benefits that should be settled before the contract ends.
• Note the date and time you submit the request, this starts the withdrawal and acceptance clocks.

Costs, Notice and Financial Exposure for Employees Who Resign During Probation

Notice Period Mechanics in the Probation Period Saudi Arabia

The notice period during probation is one of the most commonly misunderstood aspects of Saudi employment law. Article 53 does not mandate a specific notice period for probation termination. However, many employment contracts include their own notice requirements, sometimes as short as one week, sometimes matching the standard 30- or 60-day notice period that applies after probation. The Qiwa platform enforces whatever notice term is recorded in the contract. If your contract is silent on probation notice, the HRSD position is that either party may terminate immediately during probation, but it is prudent to confirm this through the Qiwa interface before relying on an assumption of zero notice.

End-of-Service Entitlement During Probation

End-of-service (EOS) benefits in Saudi Arabia are calculated based on length of service. Because probation periods are short, a maximum of 180 days, the EOS amount, if any is due, will be minimal. Under the standard Labor Law framework, an employee who is terminated during probation by the employer under Article 53 is generally not entitled to EOS benefits. Where the employee resigns during probation, entitlement depends on the contract type and any explicit EOS provisions in the appointment letter. For fixed-term contracts with no penalty clause, any pro-rata EOS obligation is typically negligible. For indefinite-term contracts, the standard EOS calculation may technically apply, but the short tenure means the practical amount is small.

Contractual Penalties and Liquidated Damages

Some employment contracts, particularly those involving relocation packages, training bonds or sponsored visas, include penalty clauses that trigger if the employee resigns before a minimum service period. These clauses can apply during probation if they are drafted broadly enough. Before submitting a termination request in Qiwa, review your contract for any language referencing repayment of recruitment costs, training expenses or liquidated damages. If such a clause exists, the employer may assert a financial claim against you upon termination.

Immigration and Iqama Implications

For expatriate employees, the question “can I terminate my contract” during probation carries an additional layer of complexity: your iqama (residency permit) is tied to your employer’s sponsorship. When a contract is cancelled through Qiwa, the employer’s obligation to maintain your iqama may end, potentially triggering a deactivation process. If you do not have a new employer lined up to initiate an iqama transfer, you may need to coordinate an exit visa or a temporary transfer arrangement.

Practical steps to protect your iqama status during a probation-period termination include notifying your employer of the termination and requesting cooperation on the iqama transfer process, retaining a screenshot or PDF of the Qiwa termination confirmation to present to Jawazat (the General Directorate of Passports) if needed, and confirming with your new employer, if applicable, that they can initiate the sponsorship transfer before the old iqama expires. The iqama transfer during the probation period follows the same general Qiwa mobility framework, but timing is critical. Delays can result in overstay violations that complicate future visa applications.

Employer Side: Termination of Contract by Employer in Saudi Arabia During Probation

Employers initiating termination during probation must also follow the Qiwa workflow. The Qiwa business-owners portal provides a dedicated section for terminating employment contracts, including those still in the probation phase. The employer selects the termination reason, and the system processes the request according to the contract terms and the applicable Labor Law provisions.

Key points for employers exercising their Article 53 rights:

• Document the reason. Even though Article 53 does not require cause for probation termination, recording a clear, factual reason reduces the risk of a subsequent unfair-dismissal claim.
• Process the termination through Qiwa. Verbal or informal termination is not sufficient, the HRSD requires that all contract changes be reflected in the Qiwa system.
• Settle outstanding wages. Final salary, accrued leave pay and any other contractual entitlements must be paid promptly upon termination, regardless of probation status.
• Manage iqama obligations. The employer remains responsible for the employee’s iqama until the transfer or exit process is completed through Qiwa and Jawazat.

Risks, Common Pitfalls and How to Avoid Them

Terminating a contract during probation should be straightforward, but common mistakes turn simple resignations into disputes. The following pitfalls appear frequently in employment litigation cases in Saudi Arabia:

• Selecting the wrong termination reason in Qiwa. Choosing “termination for cause” instead of “resignation during probation” can trigger a different legal process and give the employer grounds to contest the termination.
• Missing the withdrawal window. If you submit a termination request and then change your mind, you must act within the Qiwa withdrawal period. Once the window closes, reversal becomes extremely difficult.
• Failing to coordinate iqama transfer. Expatriate employees who terminate without arranging a transfer or exit risk overstay penalties and a ban on re-entry.
• Ignoring contract penalty clauses. Employees who resign without reviewing their contract for training bonds or liquidated damages may face unexpected financial claims.
• Relying on verbal assurances. Any agreement about notice waiver, EOS payment or iqama handling should be confirmed in writing, ideally through the Qiwa platform or official correspondence.

A brief mitigation checklist: preserve screenshots of every Qiwa submission, obtain written confirmation of any employer agreement to waive notice or penalties, and consult an employment litigator before proceeding if your employer has threatened financial claims or refused to cooperate with the termination process.

When to Seek Legal Help

Not every probation termination requires a lawyer, but certain situations escalate quickly and benefit from early legal intervention. Consider consulting an employment litigation specialist if your employer threatens to enforce a penalty clause or withhold final wages, if there is a dispute about whether your probation period has actually expired, if the employer refuses to accept your resignation through Qiwa, if you face iqama complications that risk overstay penalties, or if the employer initiates a counter-claim in the labour courts. Early legal advice can often resolve these issues through negotiation or HRSD mediation before they reach formal litigation.

Conclusion and Next Steps

The answer to “can I terminate my contract during the probation period in Saudi Arabia” is, in almost all cases, yes, Article 53 of the Saudi Labor Law gives both employees and employers this right, and the Qiwa platform provides the digital mechanism to execute it. To protect yourself, take three steps before you click submit: first, confirm that you are still within the probation window by checking the dates in Qiwa and your appointment letter; second, review your contract for any notice, penalty or repayment clauses that could create financial exposure; and third, if you are an expatriate, arrange your iqama transfer or exit before the termination is finalised.

Where any of these steps reveal complications, a penalty clause, an uncooperative employer or iqama uncertainty, seek advice from an employment litigation specialist before proceeding.

Sources

1. Qiwa, How to manage/terminate employment (employee page)
2. Qiwa, How to terminate an employment contract (business-owners page)
3. HRSD (Ministry), Termination of Contractual Relationship
4. My.gov.sa, National platform service page (termination service)
5. Etqan Law Firm, Saudi Labor Law termination explainer
6. SadaLaw, Termination of Employment Contract explainer
7. JISR / Zendesk, Provisions for terminating the employment contract and entitlement to end-of-service benefits
8. Vishaal Consultancy, Termination during probation period