Notice Period During Probation in Kuwait
Most expat workers in Kuwait know the standard rule: 3 months notice before you can leave. But that rule does not apply the same way during your probation period. This article explains exactly what Kuwait Labour Law No. 6 of 2010 says about resignation and termination during probation.
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What is a probation period under Kuwait law?
Under Article 52 of Kuwait Labour Law No. 6 of 2010, an employer may place a new employee on probation at the start of employment. During probation, both the employer and the employee have more flexibility to end the relationship than they would after probation ends.
The law sets a hard ceiling on how long probation can last: a maximum of 100 working days \u2014 roughly 4 to 5 calendar months. Any probation period in your contract that exceeds 100 working days is not enforceable beyond that limit.
Does the 3-month notice period apply during probation?
No \u2014 the standard 3-month notice obligation does not apply during probation.
The 3-month notice requirement under Article 54 applies to unlimited contracts after the probation period has ended. During probation, the law allows either party to end the contract without the full statutory notice period. What does apply during probation is whatever your employment contract specifies \u2014 typically a shorter notice period of 7 to 30 days, or sometimes no notice at all.
Can your employer terminate you during probation without notice?
Yes. Article 52 explicitly permits the employer to terminate during probation without the standard notice requirements. This does not mean your employer can act arbitrarily or in bad faith \u2014 but if they end your employment during a valid probation period, they are not legally obligated to give 3 months notice.
Important: Your contract may impose stricter requirements on your employer \u2014 always read your contract. Kuwait law sets the minimum standard; your contract can only improve on it.
Can you resign during probation in Kuwait?
Yes. You can resign during your probation period. The 3-month statutory notice does not apply, so you are not locked in for three months. Your resignation notice obligation during probation is governed by your contract \u2014 typically 7 to 30 days.
Do you get EOSB if you leave during probation?
Almost certainly not. Kuwait Labour Law requires a minimum of 3 years of completed service before a resigning employee is entitled to EOSB. Leaving during probation \u2014 which ends before 5 months \u2014 means no EOSB is owed.
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Does probation count toward total service length?
Yes. If you complete probation and continue with the employer, the probation period is counted as part of your total service for EOSB purposes. Your service clock starts on your first day of employment.
For a full breakdown of how Kuwait EOSB is calculated \u2014 including how years of service affect your payout \u2014 see the Kuwait EOSB Guide.
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What if your employer extends probation beyond 100 days?
Any probation extension beyond 100 working days is not legally enforceable. Once 100 working days have been completed, you automatically have full employee status \u2014 including the 3-month notice protection.
| Situation | Notice Required | EOSB Owed? |
|---|---|---|
| You resign during probation | As per contract (7\u201330 days) | No (<3 yrs service) |
| Employer terminates during probation | As per contract (may be none) | No (<3 yrs service) |
| You resign after probation ends | 3 months (statutory) | Only if 3+ yrs service |
| Employer terminates after probation | 3 months (or pay in lieu) | Yes, from day 1 |
| Employer extends probation past 100 days | Extension invalid \u2014 full notice applies | Full entitlement |
- ✓The 3-month notice period does NOT apply during probation in Kuwait
- ✓Probation maximum is 100 working days (≈20 weeks) under Article 52
- ✓Either party may end employment with shorter notice (as per contract) during probation
- ✓No EOSB is owed if you leave during probation (service under 3 years)
- ✓Probation time counts toward your total service length once completed
- ✓Probation extended past 100 working days is legally invalid — full protections apply
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Frequently asked questions
Is there a notice period during probation in Kuwait?
Kuwait Labour Law No. 6 of 2010 does not impose a mandatory 3-month notice period during probation. Either the employer or the employee may end the contract during the probation period with shorter notice or as specified in the employment contract. However, your contract may include a probation notice clause — always check your contract terms.
What is the maximum probation period in Kuwait?
Under Article 52 of Kuwait Labour Law No. 6 of 2010, the probation period cannot exceed 100 working days (approximately 4–5 months). If your employer tries to extend probation beyond this limit, it is not legally valid.
Can I resign during probation in Kuwait?
Yes. You can resign during your probation period in Kuwait. The standard 3-month notice requirement under Article 54 applies to unlimited contracts after probation ends. During probation, the notice obligation is governed by your contract terms. Most contracts allow shorter notice during probation — typically 7 to 30 days.
Do I get end-of-service benefit if I leave during probation in Kuwait?
Generally no. Kuwait Labour Law No. 6 of 2010 requires a minimum of 3 years of completed service before an employee who resigns is entitled to EOSB. If you leave during probation — which typically ends before 5 months — you have not completed 3 years, so no EOSB is owed.
Can an employer terminate me during probation without notice in Kuwait?
Yes. Article 52 of Kuwait Labour Law explicitly allows either party to terminate the contract during probation without the standard notice period obligation, provided the employment contract does not impose stricter requirements.
Does my probation period count toward my EOSB service length?
Yes. If you complete your probation and continue employment, the probation period is counted as part of your total service length for EOSB purposes. The clock starts from your first day of employment, not from the day probation ends.
What happens if my employer extends my probation beyond 100 days in Kuwait?
Any probation extension beyond 100 working days is not legally valid under Kuwait Labour Law No. 6 of 2010. If your employer attempts this, the extra days are treated as regular employment, not probation. This means you have all standard employment protections from that point — including the full notice period requirements.