Period of Probation in the Kingdom of Bahrain

Before taking on any employment, every employee must clearly read everything related to the probation period in the employment contract. For those who are not aware of the probation period, it refers to the period during which an employer can terminate the employee if his/her performance is not fir and up to the standard and expectation of the employer. In layman's language, we can also refer to it as the "trial period" of an employee to judge his/her capabilities, to see whether the employee is fit (not just in a physical sense) and useful to the employer or not.

The fitness of the employee to the employer will depend and vary from employer to employer. For example, a lawyer needs not be as strong as a labour or truck driver and a truck driver needs not be as clever and intelligent as a lawyer. The test of the suitability of any employee will depend on the profession and the same yardstick to judge the performance of an employee cannot be used in any profession.

In the Kingdom of Bahrain, Article 21 of the Labor Law (Law No. (36) of 2012) deals with the probation period. As per this article, the maximum term of probation in the Kingdom of Bahrain shall be three months and it must be clearly laid down in the employment contract too. During the probation, both the employee and the employer can terminate the employment contract by giving a one-day notice. The article also clearly says that the same employer cannot employ the same employee on probation for more than once.

Below is Article 21 of the above-mentioned Labor Law of Bahrain for the easy reference of the readers:

Article (21)

(a) A worker may be employed under a probationary period if expressly provided for in the contract of employment, provided that the probationary period shall not be more than 3 months.
However, a probationary period may be increased up to a maximum of six months in respect of the occupations to be determined by a resolution of the Minister. The probationary period shall not be recognized unless expressly provided for in the contract of employment.

(b) Either party to a contract of employment may terminate it during the probationary period if it becomes evident that its continuance is not appropriate, provided that the party terminating the contract gives, at least, one day notice to the other party.

(c) No worker shall be employed on probation more than once by the same employer.

Written by:

Khalid Khan | ASK Legal Attorneys and Legal Consultants​