Probation Periods Under the Omani Labour Law: Your Rights During and After

Probation is not a law-free zone. Article 37 of the Labour Law issued by Royal Decree 53/2023 regulates it with clear limits: a maximum duration, a ban on repeating it with the same employer, its inclusion in the period of service, and a notice requirement before termination during it. Said Ibrahim Ambusaidi Advocates (SIA), a law firm in Muscat, explains your position during this period.

What is the maximum probation period?

A probation period must be stated in the employment contract itself; without an express clause there is no probation. Under Article 37 of the Labour Law, the period may not exceed three months for a worker paid a monthly wage, and two months for workers paid otherwise. If the contract states a longer period, the statutory cap applies and the excess is void, because the Labour Law voids any condition that conflicts with its provisions unless it is more favourable to the worker, under Article 4.

Can you be put on probation more than once?

A worker may not be placed under probation more than once with the same employer. If you already passed probation at an establishment and are then re-hired, or your contract is renewed, a new probation clause is not valid. A successfully completed probation period also counts as part of your period of service, so it enters the base for the end-of-service gratuity, leave and all other service-linked rights.

How is the contract terminated during probation?

Article 37 allows either party to terminate the contract during probation if it concludes the relationship should not continue, provided the other party is notified at least seven days in advance. Termination during probation is easier than after it, but it is not instantaneous and does not dispense with notice. The worker is entitled to full pay for the actual period worked up to the termination date.

Once probation ends, the contract falls under the general rules: thirty days’ notice for monthly-paid employees and a legitimate reason for termination under Article 38, and the parties cannot contract back into the lighter probation regime afterwards.

What must the employment contract contain in the first place?

Article 36 of the Labour Law lists the particulars an employment contract must include, such as the employer’s and establishment’s name and workplace address, the worker’s name, qualification and occupation, and the type of work, its conditions, the wage, allowances and benefits. Before signing, make sure any probation period is written and clearly limited in time, and that the basic salary is precisely recorded, since it is the base for calculating the end-of-service gratuity.

Key facts

• Probation in Oman may not exceed three months for monthly-paid workers and two months for others, under Article 37 of Labour Law RD 53/2023.
• There is no probation without an express contract clause, and it cannot be repeated with the same employer.
• Either party may terminate during probation with at least seven days’ prior notice.
• A completed probation period counts towards the period of service and the rights that depend on it.
• After probation, the general termination rules of Article 38 apply: a legitimate reason and thirty days’ notice for monthly-paid employees.
• Any clause conflicting with these rules is void unless more favourable to the worker.

When to involve a lawyer

Involve a lawyer if you were dismissed during probation without the required notice, subjected to a second probation with the same employer, given a probation clause longer than the statutory cap, or if the employer refuses to count your probation towards your period of service when calculating the gratuity.

At Said Ibrahim Ambusaidi Advocates we review employment contracts before signature, assess the lawfulness of termination during probation, and represent you before labour dispute settlement bodies and the courts across Oman. The first consultation is free by phone or WhatsApp on +968 9706 3030. We are based in Al Khoudh, Seeb, Muscat, and work Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00, in Arabic and English.

This article is general legal information, not legal advice.