Kuwait Labor Law Probation Period Rules Explained

1. What is the Probation Period under Kuwait Law?

In Kuwait, the probation period is a trial duration at the beginning of an employment relationship. It allows the employer to evaluate the performance and conduct of a newly hired worker, and lets the employee assess if the work environment fits their career goals. This trial phase is strictly regulated under Article 24 of Kuwait Labor Law No. 6/2010.

Key statutory boundaries for probation include:

• The probation period must be explicitly written in the employment contract. If not stated, the employee is considered hired under normal terms from day one.
• The maximum length of probation is 100 working days.
• Probation can only be specified once for the same employer. An employer cannot put you on a second probation if you change roles or renew contracts.

2. How is the 100 Working Days Limit Counted?

One of the most common points of confusion for expats is the difference between calendar days and working days. Kuwait Labor Law specifies '100 working days' rather than calendar days. This has a major impact on the actual duration of your probation.

The following days are EXCLUDED from the 100 working days count:

• Weekly rest days (weekends, typically Friday and Saturday)
• Official public holidays (Eid, National Day, New Year, etc.)
• Sick leaves taken by the employee

3. Termination by Employer During Probation

Under Article 24, an employer has the right to terminate an employee's contract during the probation period without notice or delay if the employee is found unfit for the role.

Rules for employer-initiated termination on probation:

• No notice period is legally required. The contract can be terminated immediately.
• No notice period is legally required. The contract can be terminated immediately.
• The employer is responsible for repatriating the worker (paying for their ticket home) if the visa was sponsored directly for the job, unless the employee transfers to another local sponsor.

4. Resignation by Employee During Probation

An employee can also decide to leave their job during the probation period. However, the consequences depend on the type of contract (limited vs. unlimited) and the specific clauses written into it.

Things to remember if you resign on probation:

• You are not entitled to any gratuity payout, as you have worked for less than 1 year.
• If you were recruited from abroad, you may be liable to pay back visa or recruitment expenses if your contract has a clause specifying this (within legal limits allowed by PAM).
• Transferring your work visa (Visa 18) during or immediately after probation is subject to strict PAM regulations. Usually, a transfer requires the current employer's consent unless specific violations occurred.

5. Frequently Asked Questions about Probation

Can I take sick leave during probation?

Yes, you can take sick leave if certified by a medical professional. However, the days you are absent on sick leave will not count towards your 100 working days of probation. Your probation period will be extended by the number of sick days taken.

Can the employer extend the probation beyond 100 working days?

No. Under Article 24, any agreement to extend the probation period beyond 100 working days is null and void, even if you sign an agreement or addendum. Once you complete 100 working days, you are legally considered a regular employee, and your contract cannot be terminated without standard notice and gratuity rights.