Probation Period in Kuwait’s Private Sector: Rules for Employees and Employers

Most new hires in Kuwait’s private sector start with a probation period, yet few employees or employers know exactly what the law allows during it. Can the employer dismiss you without notice? Are you owed anything if you are let go after two months? Can a company keep you “on probation” indefinitely, or rehire you on a fresh trial? This guide explains the rules on probation under the Kuwaiti Private Sector Labour Law No. 6 of 2010, what they mean in practice, and the mistakes that most often lead to disputes.

What the Law Says About Probation

Probation is governed by Article 32 of the Private Sector Labour Law. In summary, the Article provides that:

• The probation period must be set out in the employment contract.
• It may not exceed one hundred working days.
• Either party may end the contract during probation without notice.
• If the employer ends the contract during probation, it must pay the worker the end-of-service indemnity for the period actually worked, calculated under the Labour Law.
• A worker may not be employed on probation by the same employer more than once.
• The Minister issues a decision regulating the conditions of work during the probation period.

The official Arabic text of the Article is available on our page for the Kuwaiti Labour Law. The Labour Law also sets out the minimum level of workers’ rights: contracts, internal regulations or custom may give the worker better terms, but not worse ones.

How Long Can Probation Last?

The ceiling is one hundred working days, not calendar days. Weekends and official holidays on which the employee does not work are therefore not counted, which means the period in calendar terms is usually longer than three months. A few practical points follow from this:

• A contract clause setting a longer probation, such as six months, conflicts with the statutory maximum and is not enforceable beyond the legal limit.
• If the contract says nothing about probation, the employer will struggle to argue later that the employee was still on trial when dismissed.
• Extending probation by a side letter or a second contract with the same employer runs into the rule that probation may be used only once.

Ending the Contract During Probation

The key feature of probation is flexibility. Outside probation, an indefinite contract can normally be ended only after written notice under Article 44, which for monthly-paid workers is at least three months, or payment in lieu of notice. During probation, either side can walk away without notice.

However, “without notice” does not mean “without any payment”. The law draws a clear distinction:

• If the employee resigns during probation: no notice is required from the employee.
• If the employer terminates during probation: the employer must still pay the end-of-service indemnity for the period the employee actually worked, in addition to any unpaid salary.

Every worker is also entitled to be paid wages earned up to the last working day, and to any accrued amounts the law or the contract provides. Employees should keep copies of their contract, salary transfers and any termination letter. For a wider view of termination rights, see our guide on employment termination rights in Kuwait.

Common Mistakes by Employers

• Treating probation as an unpaid trial: probation is part of the employment relationship; wages are due from day one.
• Skipping the indemnity: dismissing a probationer without paying the end-of-service indemnity for the period worked exposes the company to a claim.
• Serial probation: rehiring the same person on a new probation, or rolling probation contracts, conflicts with the once-only rule.
• Vague contracts: not stating the probation period in writing makes it hard to rely on probation later.

Common Mistakes by Employees

• Assuming nothing is owed after a short period: if the employer ends the contract, you are entitled to the indemnity for the period worked.
• Leaving without a written record: keep a copy of the termination message or resignation and the date it took effect.
• Ignoring residency consequences: for expatriate workers, the end of employment affects the work permit and residency. Check your position promptly, as residency rules are now governed by Law No. 114 of 2024.

How Labour Disputes Are Handled

If a dispute arises over unpaid wages or the indemnity, the usual route is a complaint to the labour department of the Public Authority for Manpower, which attempts an amicable settlement before the case is referred to court. Under the Labour Law, lawsuits filed by workers are exempt from court fees, and labour cases are heard on an expedited basis. Our Arabic readers can find a detailed explanation in our Arabic guide to the probation period, and the broader Kuwait Labour Law guide.

Frequently Asked Questions

What is the maximum probation period in Kuwait?

Under Article 32 of Labour Law No. 6 of 2010, probation may not exceed one hundred working days, and it must be set out in the employment contract.

Can my employer fire me during probation without notice?

Yes, either party may end the contract during probation without notice. But if the employer ends it, the employer must pay the end-of-service indemnity for the period you worked.

Can my employer extend or repeat my probation?

The law does not allow a worker to be employed on probation by the same employer more than once, and the total period cannot exceed the statutory maximum.

Do these rules apply to domestic workers?

No. Domestic workers are covered by a separate law, and their contracts follow that law’s own rules rather than Labour Law No. 6 of 2010.

This article provides general information only and is not a substitute for legal advice on your specific situation. To speak with the office of lawyer Meshari Obaid Alenezi, you can book a consultation or call +965 2220 4490.