Adaptation of Probationary Employment Contract and Provisions that Regulate it in the Saudi Labor Law: Analytical Comparative Research

Abstract

The importance of Labor Law is becoming increasingly in our current era due to extent of its application, depth of its social impact, increase of man power, appearance specialty of labor judiciary - as an independent judiciary - within courts of public judiciary in the Kingdom of Saudi Arabia, which required developing of legislative rules and keeping up with texts of labor law for development of labor relations, finding suitable and guarantor solutions to rights of parties, due to importance of stability of labor relations in the performance of national economy, the employment contract is considered as cornerstone for creating labor relationship and launching its march, might include a condition of a probation period that enables the parties to relationship or whoever stipulates it to ensure the validity of conclusion of contract for him, due to what the probation condition might contain from conflict of interest, variation of legal and economic status between laborer and employer; which might lead to misuse or circumvention on the law, thus the law has encircled the probation period with a number of conditions and restrictions that guarantee good work with it away from exploitation or abuse while using the right, has decreed up rules to govern the practice and limiting its duration, rules of its extension or repetition, the consequences of end of duration of employment contract concluded between two parties, the Saudi labor law is distinguished from its counterparts in most Arab countries with some rules related to this as indicated in the research, ended with a number of related results using comparative analytical method, benefiting from a number of judicial rulings issued by labor courts in several positions of the research, among its most important results: • The Saudi Law tended to a condition of a probation for both parties of employment contract – basically or for who stipulate it, the law was clear in defining the terms of contract agreed upon, extending it or repeating the experience. It also tended to legality of ending probation during the period without compensation or end of service gratuity, and it does not enter under arbitrariness of using the right, and is supported provisions of labor judiciary. • The Saudi Law is distinguished from labor laws in (Egypt and Jordan) by regulating extension of probation period and permissibility of repeating it under certain conditions to guarantee to avoid use of this condition in abusing.