Probation Periods in Kuwait
What Article 32 allows: how long probation can last, who can end it, and what workers are owed if it ends early.
Under Article 32 of Kuwait Labor Law (Law No. 6 of 2010), a probation period must be written into the employment contract and cannot exceed 100 working days. If the contract says nothing about probation, there is none.
During probation, either side may end the contract without notice. If it is the employer who ends it, the worker is still owed end-of-service indemnity for the period actually served, calculated under the normal rules.
A worker cannot be put on probation more than once by the same employer — a new contract with the same company cannot restart the trial. Probation time is part of the employment, so it counts toward continuous service.
The 100 days are *working* days, not calendar days. On a six-day week that is roughly four months of the calendar; on a five-day week, closer to five. Counting them as calendar days shortens the probation you actually have, and is the most common arithmetic error in this article.
Ending employment during probation does not make it free. Indemnity accrues from the first day of service, so a worker released on day 90 is still owed end-of-service for those 90 days. Probation removes the notice requirement; it does not remove the entitlement, and treating it as a cost-free window is how employers end up settling later.
Key facts
- Maximum length100 working days
- Where it is setWritten in the employment contract
- Ending itEither party, no notice required
- If the employer ends itIndemnity due for the period served
- Repeat probationNot allowed with the same employer
Worked example
An employee starts on 1 February on a six-day week. One hundred working days — Fridays excluded — lands the end of probation around 5 June, not 12 May as a straight 100-day count would suggest. If they are released on 20 May, that is inside probation, so no notice is due; but they have served about 78 working days, and indemnity is owed for the whole period of service.
What people get wrong
Counting 100 calendar days instead of working days
Article 32 says working days. On a six-day week the difference is roughly two and a half weeks — enough to put a dismissal outside probation, and therefore to make notice payable, when you believed it was inside.
Assuming probation applies without writing it down
If the contract says nothing about probation, there is none. It cannot be added verbally or implied from custom, and a dismissal made on the assumption that it exists is a dismissal without notice.
Putting the same employee on probation twice
A worker may be placed under probation only once with the same employer. Re-hiring, moving them to a different role, or restarting the contract does not restart the clock.
Frequently asked questions
How long can a probation period be in Kuwait?
Up to 100 working days, and it must be stated in the employment contract. Working days exclude Fridays and holidays, so 100 working days is roughly four calendar months.
Can I be terminated during probation without notice?
Yes — either party may end the contract during probation without notice. If the employer ends it, the worker is owed end-of-service indemnity for the time served.
Can an employer set a second probation period?
No. A worker may not be placed under probation more than once with the same employer.
Does probation count toward years of service?
Yes. Probation is part of the employment, so it counts toward continuous service — including leave accrual and end-of-service indemnity.
Is indemnity owed if someone leaves during probation?
Yes. End-of-service accrues from the first day of service, so time served during probation counts. Probation removes the notice obligation, not the indemnity one.
Can probation be extended beyond 100 working days?
No. One hundred working days is the statutory ceiling, and it cannot be extended by agreement — an extension simply means the employee is no longer on probation, with the notice rules applying in full.
This guide is general information based on Kuwait Labor Law No. 6 of 2010. It is not legal advice — for specific cases, consult the Public Authority of Manpower or a legal professional.
Attendance and leave that track themselves
Dawam records hours, leave and payroll for small teams — with your country’s rules built in. Free for up to 5 employees.
Start free