Resignation During Probation Period in Kuwait: Your Rights

If you're thinking about quitting a new job in Kuwait and you're still inside your probation window, the rules are different from a normal resignation. Shorter notice. Fewer entitlements. But also fewer penalties. Here's what the labour law actually says.

Quick answer

Resignation during probation period in Kuwait is governed by Article 29 of the Private Sector Labour Law (Law No. 6 of 2010). Probation can last up to 100 working days with a single employer. During this window, either party can terminate the contract without notice and without compensation, provided no abuse of right. You still get your worked wages, any unused leave accrued, and your indemnity for the days worked. Visa transfer and end-of-service rules depend on how long you actually worked.

What the law says about probation

Article 29 of Law No. 6 of 2010 caps probation at 100 working days. One employer, one probation — you can't be put on probation twice for the same job.

During this period, termination is simple. No notice period required by statute. No severance for breach. Either side walks.

That said, your written contract can set a shorter probation or add specific notice terms. If your contract says "7 days' notice during probation," that clause binds you. Read it before you send the resignation email. Most people don't, and then argue about it later.

One nuance worth flagging: the 100 days is working days, not calendar days. Weekends and official holidays don't count toward the clock.

What you're still owed when you resign on probation

Resigning on probation doesn't erase everything. You keep:

• Earned wages up to your last working day, payable within 7 days of contract end under Article 56.
• Pro-rata annual leave accrued but not taken. Leave accrues at 30 days per year after 9 months of service, but earlier periods still generate pro-rata entitlement in practice.
• End-of-service indemnity — technically the statutory indemnity under Articles 51–54 kicks in based on length of service. If you worked under a year, the calculation is pro-rata on 15 days' pay per year. Short probations rarely yield much, but it isn't zero.

What you don't get: notice-period pay, compensation for arbitrary dismissal, or a "golden handshake." Resignation on probation is treated as a clean break.

Return any company property on your last day. Laptop, access card, SIM. Get a written receipt. Without it, employers sometimes dock the final settlement claiming lost equipment.

Residency, visa transfer, and the practical headache

Here's where it gets uncomfortable. Your work permit (Article 18 visa) is tied to the employer who sponsored you. Resigning doesn't automatically let you jump to a new job.

Under Ministerial Decision No. 842 of 2015 and later amendments, transferring your work permit to a new employer generally requires either:

1. Your current employer's consent (a "no-objection" release), or
2. Completing a qualifying period of service — currently 1 year with the same employer for most private-sector workers before transfer without consent is possible, or 3 years in some categories.

If you resign during probation (which by definition is under 100 working days), you almost certainly fall below the transfer threshold. That means: either your employer agrees to release you, or you leave Kuwait and re-enter on a new visa — often with a 6-month ban before you can return on a new work permit, depending on how the exit is coded by PAM (Public Authority for Manpower).

This is where resignation during probation period in Kuwait trips up expats. The labour law lets you leave freely; the immigration regime doesn't.

Talk to your HR before resigning. Ask directly whether they'll sign the release. Get the answer in writing.

How to actually submit the resignation

Keep it in writing. Email is fine, but hard copy with a receipt stamp is better.

A clean resignation letter during probation needs: your name, civil ID, position, date, a one-line statement that you're resigning under Article 29 of Law No. 6 of 2010 during the probation period, and your proposed last working day. Don't over-explain. Don't apologise.

Deliver it to HR and your direct manager. Keep the stamped copy or the email read-receipt. If they refuse to acknowledge, send it by registered mail to the company's registered address — the labour courts take that seriously.

After your last day, follow up on:

• Final settlement payment (7-day window, Article 56)
• Experience certificate (Article 57 — the employer must provide one on request, free of charge, stating only your role and dates)
• Visa cancellation or transfer paperwork at PAM

If the employer refuses to pay your dues or cancel your visa, file a complaint with the Labour Relations Department at PAM. It's free. The claim then goes to the labour court if unresolved within a set period.

For more on how notice and termination work after probation ends, see our overview on employment law questions in Kuwait.

When "probation resignation" gets contested

Employers sometimes argue the probation period had already ended, trying to pin a notice-period obligation on you. Or they'll claim the resignation was really a mutual termination so they can avoid paying the indemnity. Both happen.

Your defence is the paper trail: dated contract, dated resignation letter, pay slips showing the start date. If the 100 working days hadn't elapsed when you resigned, you're on probation. Full stop.

The flip side also happens — employees try to use "probation" to walk away from a signed contract that had an explicitly shorter probation (say, 30 days) and were already past it. That doesn't fly.

Honestly, most probation resignations in Kuwait resolve quietly. The friction, when it comes, is almost always about the visa transfer, not the labour entitlements.