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.
📋 Calculate your notice period
Enter your contract type and service length — get your exact notice entitlement
What is a probation period under Kuwait law?
Under Article 32 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 — 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 — the standard 3-month notice obligation does not apply during probation.
The 3-month notice requirement under Article 44 applies to unlimited contracts after the probation period has ended. During probation, Kuwait Labour Law does not require any notice period at all — either party can end the contract immediately. Your employment contract may still specify a notice period during probation, but the law itself sets no minimum.
Can your employer terminate you during probation without notice?
Yes. Article 32 explicitly permits the employer to terminate during probation without any notice requirement at all. This does not mean your employer can act arbitrarily or in bad faith — but if they end your employment during a valid probation period, they are not legally obligated to give any notice, let alone the standard 3 months.
Important: Your contract may impose stricter requirements on your employer — 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 — Kuwait Labour Law requires no notice period at all during probation. Your own contract may still ask for a notice period, but the law does not.
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 — which ends before 5 months — means no EOSB is owed.
Kuwait EOSB Calculator
Calculate what you are owed based on your exact service length and salary
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 — including how years of service affect your payout — see the Kuwait EOSB Guide.
Smart Resignation Planner
See exactly how much more EOSB you earn by waiting — week by week
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 — including the 3-month notice protection.
| Situation | Notice Required | EOSB Owed? |
|---|---|---|
| You resign during probation | None required by law | No (<3 yrs service) |
| Employer terminates during probation | None required by law | 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 — 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 32
- ✓Either party may end employment immediately, with no notice required by law, 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
Sponsored · Wise
Sending your final salary home? Do not lose money on transfer fees.
Send with the real exchange rate. No hidden fees. Trusted by millions of Gulf expats.
Open a free Wise accountAffiliate link — we may earn a small commission at no cost to you.
Need legal help?
Speak to a Kuwait labour lawyer
If your employer is not following the rules — refusing resignation, withholding EOSB, or extending probation unlawfully — a labour lawyer can advise you on your options for free.
Talk to a Lawyer on WhatsAppCalculate your entitlement
Use GulfWise free tools to check your notice period and EOSB — no login required.
Frequently asked questions
Is there a notice period during probation in Kuwait?
Kuwait Labour Law No. 6 of 2010 does not require any statutory notice period during probation. Under Article 32, either the employer or the employee may end the contract during probation immediately, with no minimum notice owed by law. Your employment contract may still specify a notice period during probation — a contract can only improve on the legal minimum, never reduce it — so always check your contract terms.
What is the maximum probation period in Kuwait?
Under Article 32 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 44 applies to unlimited contracts only after probation ends. During probation itself, Kuwait Labour Law does not require any notice period at all — you can resign immediately unless your own contract specifies otherwise.
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 32 of Kuwait Labour Law explicitly allows either party to terminate the contract during probation without any 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.