Working in the UAE requires adherence to specific rules; it’s important to be aware of them to avoid issues. One key aspect is the probation period, which you should understand before starting a job.
Every employee in the UAE must complete a mandatory probation period when starting a new job. This period typically lasts 3 to 6 months, depending on the company’s policy. Anyone planning to work in the UAE should be aware of the probation period.
This article will explain everything you need to know about the probation period in the UAE and answer all your questions. Keep reading!
What is a Probation Period?
A probation period is a trial phase at the start of an employment contract. It allows the employer and the employee to determine whether the job is a good fit. During this time, the employer evaluates the employee’s skills, overall performance, and suitability for the role, while the employee assesses whether the job meets their expectations.
Key Features of Probation Period in the UAE:
Duration
- Standard Duration: The probation period in the UAE can last up to 6 months, per Article 37 of the UAE Labour Law.
- Extension: The probation period can be extended up to 6 months. If an employer extends the probation unlawfully, they may face penalties from the Ministry of Human Resources and Emiratisation (MOHRE) and damage their reputation.
- Completion: Upon successful completion, the probation period counts towards the employee’s total length of service.
Termination
- During Probation: An employer may terminate an employee’s contract, but must give at least 14 days’ notice. This notice period allows the employee sufficient time to either plan to leave the UAE or find a new job.
- Post-Probation: Termination terms and conditions revert to those specified in the employment contract.
Employee Rights
- Benefits: Employees get the same benefits as permanent employees during probation, including health insurance.
- Leaves: Probationary employees can take sick leave, which may be unpaid, depending on company policy.
Step-by-Step Guide: Navigating the Probation Period
Before Joining:
- Read and understand the probation clause in your employment contract.
- Clarify any doubts with your HR or employer.
During Probation:
- Perform to the best of your abilities.
- Maintain open communication with your supervisor.
- Keep a record of your achievements and the feedback you receive.
Post-Probation:
- Request a formal review meeting.
- Discuss your performance and expectations for your future role.
- Ensure you receive written confirmation of successful probation completion.
Why Is There a Probation Period in the UAE?
The probation period in the UAE allows employees to adapt to the work environment and see if the job suits them. For employers, it’s an opportunity to determine if the new employee meets their requirements and expectations.
This setup benefits both parties by ensuring a good fit before committing to a full-time contract.
Probation Period Rules Under the UAE Labour Law
The UAE Ministry of Labour has established specific rules for employee probation periods.
Maximum Employment Probation Period in the UAE
According to Article 9 (1) of Federal Decree-Law No. (33) of 2021:
“The employer may appoint the worker under a probationary period not exceeding (6) six months from the date of commencement of work.”
If the probation period exceeds 6 months, it is considered unlawful. In such cases, the company may be held accountable and must compensate the employee.
Contract Termination
Under UAE labour law, specifically Article 9 (1), an employer can terminate the employment of an employee during their probation period. The employer must provide the employee with written notice at least 14 days before the planned end date of their employment.
According to Article 9 (5) of the UAE labour law 2022, if either the employer or the employee ends the contract without following the rules of this article, they must pay the other side an amount equal to the employee’s salary for the notice period or the remainder of the notice period if it’s not yet complete.
The required notice period for employees on probation depends on their circumstances. Those leaving the UAE must give 14 days’ notice, while those switching to a new job within the UAE must give 30 days’ notice.
If an employee fails to fulfil their contractual obligations, this can lead to legal issues and, in the UAE, a labour ban.
Article 121 of the Labour Law also states that employees may resign without notice if their employer breaches the terms of the contract or if the employer or their representative assaults the employee.
Employee’s Right To Resign And Move To Another Company In The State
Under Article 9 (3) of Federal Decree-Law No. (33) of 2021, which governs employment relationships, if an employee wants to switch jobs within the UAE during their probation period, they must inform their current employer in writing at least a month before ending their contract.
In such instances, the new employer must cover all costs of hiring the employee unless they have a different agreement with the original employer.
UAE labour law also includes a specific provision for foreign workers, as noted in Article 9(4). If a foreign worker resigns during their probationary period, they must notify their employer at least 14 days before ending their employment contract.
Suppose an employee leaves the UAE but plans to return and get a new work permit within 3 months from their departure date. In that case, the new employer must compensate the previous employer, as outlined in clause (3) of this article. This is unless they have agreed on a different arrangement.
No Entitlement To Sick Leaves
According to Article 31 (2) of Federal Decree-Law No. (33) of 2021, which deals with employment relationships, employees are not entitled to paid sick leave during their probation period as per UAE labour law. However, an employer may allow an employee to take unpaid sick leave during this time.
Entitlement To Gratuity Under The UAE Labour Law Probation Period
Under UAE Labour Law, employees in their probation period are not eligible for gratuity payments. Once the probation period is over, if an employee continues to work for the same company for at least a year, they become eligible for full gratuity benefits.
No Extension In The Probation Period
Extending the probation period is illegal, especially if the employee meets the company’s performance standards. An employer cannot place an employee on probation more than once. According to Article 9 (2) of Federal Decree-Law No. (33) of 2021, which governs employment relationships:
“It is not permissible to appoint a worker under a probationary period more than once at one employer, and if the worker successfully passes the probationary period and continues to work, the contract shall become valid according to the agreed terms. This period shall be counted within the term of service.”
Workers’ Compensation Insurance in the UAE
Employees in the UAE need to know about Workers’ Compensation Insurance. This insurance is required by law and protects employees if they are injured or become ill due to their job. UAE Labour Law requires employers to compensate employees for work-related accidents or health problems, even if they are still on probation. This insurance covers medical expenses, lost wages, and disability benefits. Understanding this insurance is important because it provides financial and medical support in the event of workplace accidents, helping keep the work environment safer.
To learn more about this insurance and how to claim it, check out our guide.
Final Takeaway
The probation period is an important time in any job. It’s an opportunity for the employer and the employee to evaluate each other. Knowing your rights and responsibilities during this time helps ensure a smooth move to permanent employment. Following the UAE Labour Law and communicating clearly can help both sides handle this period well.
