Kuwait allows employers to put new hires on probation, but the rules are stricter than many workers expect. Under Article 32 of the Private Sector Labour Law, probation must be written into the contract and cannot exceed 100 working days. Either the employer or the worker can end the employment during that period without notice.
For expatriate workers, the stakes are higher. Ending a job during probation may affect residency, sponsorship transfer, and the ability to stay in Kuwait—so workers should understand the rules before resigning or accepting a dismissal.
The provision comes from Kuwait’s Labour Law No. 6 of 2010. The official English text, published through the International Labour Organization’s NATLEX database, says probation must be specified in the contract and is capped at 100 working days.
What Workers Need To Know
Kuwait’s Ministry of Public Works-hosted English copy of Law No. 6 of 2010 states that a worker’s probation period must be specified in the employment contract and may not exceed 100 working days.
- Probation is valid only if it is clearly stated in the employment contract.
- It cannot last more than 100 working days.
- A worker can be placed on probation by the same employer only once.
- The probation period counts toward the worker’s total length of service.
- Either party may terminate the contract during probation without notice.
No Notice Does Not Mean No Rights
The law gives both sides an unusually broad exit right during probation: no notice period is required. But it does not mean the employer escapes every financial obligation.
If the employer ends the contract during probation, Article 32 requires payment of end-of-service indemnity for the period the employee worked. If the worker resigns, the law does not provide for indemnity in this scenario. Nevertheless, probation counts as service. This means that the period worked counts toward the worker’s length of service, which matters when calculating any indemnity due.
A dismissal during probation should also not be discriminatory. The law does not lay out a detailed test for these cases, but a worker who believes they were dismissed because of gender, race, religion, or another protected ground may be able to challenge the decision.
The Risk Expats Often Overlook
For Kuwait-based expats, probation is not just an employment matter. Resigning or being dismissed can raise questions about residency status and whether the worker can transfer to another sponsor. Someone who leaves during probation may be unable to change employers and may need to leave the country. Article 32 itself does not explain the visa or transfer process, so workers should confirm their situation with the Public Authority for Manpower (PAM) before making a move.
They may keep these things in mind though:
- Check sponsorship and transfer eligibility before resigning.
- Keep written proof of resignation, the signed contract, and all employer communications.
- Question any demand to repay visa, residency, or recruitment costs.
- Report passport withholding or a suspected false absconding case to PAM.
Where To Get Help
Being on probation status does not strip workers of their right to challenge unfair treatment. Those facing a disputed dismissal, a false absconding report, withheld documents, or pressure to repay hiring costs can contact PAM to get the help they need.