Probation Period in Kuwait Labour Law: Rules & Limits

If you're starting a new job in Kuwait, or hiring someone, the probation clause is where most disputes begin. The rules sit in Law No. 6 of 2010 on Labour in the Private Sector, and they're stricter than most people assume.

Quick answer

Under the probation period in Kuwait labour law, an employee can be placed on probation for a maximum of 100 working days with a single employer, and only once. Either party can terminate during this window without notice or end-of-service indemnity, but the employer must still pay accrued wages. The probation must be in writing in the contract — no written clause, no probation. After 100 working days, the employee is confirmed by operation of law, and normal termination rules apply.^[1][2]

What the law actually says

Article 28 of Law No. 6 of 2010 is the controlling provision. It sets three hard rules.

First, probation must be stipulated in writing in the employment contract. Verbal "we'll see how it goes" arrangements don't count. If the contract is silent, the employee is confirmed from day one.^[1]

Second, the probation period cannot exceed 100 working days. Note the phrase — working days, not calendar days. Weekends and official holidays don't eat into the count. In practice that's roughly four to five calendar months, depending on your weekly schedule.^[1][2]

Third, an employee cannot be placed on probation more than once with the same employer. If you resigned, left, and came back — even into a different role — a second probation clause is unenforceable. Honestly, this is where employers slip up most often.^[2]

Termination during probation

Either side can walk away during probation without notice and without end-of-service gratuity. That's the trade-off for the trial window.

But — and this matters — the employer still owes:

• All earned wages up to the last working day
• Payment for untaken annual leave accrued pro-rata
• Any contractual allowances already due

The Ministry of Labour and the Public Authority for Manpower treat unpaid wages during probation as a straightforward labour claim, not a dismissal dispute. You file through the labour office and it moves fast.^[3]

One nuance people miss: if the employer dismisses on the 101st working day or later and the contract still calls it "probation," the dismissal is treated as a regular termination. That triggers notice (3 months for monthly-paid employees under Article 44), indemnity, and potential arbitrary dismissal exposure under Article 46.^[1]

Common mistakes in probation clauses

A few patterns show up again and again:

Rolling or extended probation. Clauses saying "probation may be extended by another 100 days at the company's discretion" are void beyond the statutory ceiling. The 100 working days is a cap, not a default.

Second probation on renewal. When a fixed-term contract is renewed, you cannot restart the clock. The employee is already past probation.

Probation on transfer. Moving an employee between sister companies in the same group doesn't reset probation if the economic employer stays the same. Courts look at substance.

No written clause. Repeating this because it's the single most common defect — if the signed Arabic contract filed with the Public Authority for Manpower (PAM) doesn't mention probation, there is no probation. The English side letter won't save you.^[2][3]

What about domestic workers and the public sector?

Domestic workers fall under a separate regime — Law No. 68 of 2015 — which also has a probation concept but with different mechanics. The 100-day rule in Law No. 6 of 2010 applies to the private sector only.

Public sector employees sit under the Civil Service Law and its executive regulations, where probation is typically one year. If you're on a government payroll, don't rely on the private-sector rules above.

For more employment questions, see our employment law answers.

Bottom line

Check your contract today. If it names a probation period, confirm it says 100 working days or fewer, that it's in the Arabic signed copy, and that you haven't already served one with this employer. Beyond day 100, you're a confirmed employee — with every protection that comes with it.