Probation period refers to the trial period for newly-hired employees, typically lasting a few months. It allows employers or HR managers to track performance to see if an employee is a good fit for a given position in the long run. 

Conversely, a probation period also allows an employee to assess their office environment, work culture, opportunities for growth, management, and if they can fulfill all the duties and responsibilities of their job role. 

To protect the rights of both employees and employers, probation periods are heavily regulated in all countries. In this blog, we will delve into the probation period in the UAE and the conditions, rights, and responsibilities that apply to either party. 

What Is The Probation Period? 

In general, a probation period is a temporary employment arrangement that allows both the employees and employers to familiarise themselves with the work demands. Employers get to periodically evaluate an employee's performance and how they contribute to the organisation. On the other hand, probation gives sufficient time for an employee to adjust to their job role and the work environment. 

By the end of the probation period, the employment contract can either be continued or terminated, both by the employee or employer, pursuant to the provisions of the Labour Law. In the UAE, the probation period is regulated under the new Labour Law – Federal Decree Law No. 33 of 2021, which became effective on February 2, 2022. 

Key Guidelines for Probation Period in the UAE 

1. Duration 

An employee’s probation period in the UAE can last 2 to 3 months or up to a maximum of 6 months. If an employee continues to work after completing the agreed probation period or exceeds the 6-month threshold, it will be considered part of the total period of service, which is taken into account when calculating gratuity and leave eligibility.

Once an employee has completed their probation period for a particular role, they cannot be required to undergo another probationary period for a different role. This applies to both lateral changes in job position and promotions.

2. Contract Termination 

During the probation period in the UAE, both the employee and employer can initiate the termination of the employment contract. 

The party initiating the termination is required to provide a minimum notice period of 14 days, even while serving probation. This still applies to employees under probation who plan to leave the country or migrate. Should the employee return to the UAE within three months on a new work permit, the new employer will be responsible for reimbursing the previous employer's recruitment costs—unless both the current employer and the employee agree otherwise.

If the employee decides to move to a new job in the UAE, the employer should be given written notice of one month (30 days). If they terminate the contract sooner, the new employer is, by default, required to compensate the current employer for recruitment costs unless otherwise agreed between all parties.

Note: Unless/otherwise agreed means that the current employer and employee may have mutually agreed to different terms regarding compensation. In the case of an employee who resigns during the probationary period and has signed a contract stating they will bear the costs of recruitment or hiring, their current employer reserves the right to request compensation for said expenses. 

3. Failing to Serve the Notice Period 

According to Article 9 (6) of the Labour Law, if an employee leaves the UAE without serving the notice period, they will not be granted a work permit in the UAE for one year from the date of their departure.

In Article 28 (2) of the Ministerial Decree No. 1 of 2022, certain workers are exempted from receiving a labour ban for not rendering the required notice period. This includes: 

• A worker who has a family-sponsored residency visa.

• A worker who applies for a new work permit at the same establishment.

• The government requires the worker’s professional qualifications, skills, or knowledge 

• Golden Visa holders.

Any professional categories as per the needs of the labour market in the state are determined by the resolution of the MOHRE [Ministry of Human Resources and Emiratisation] according to the workers’ classification approved by the Cabinet.

4. Sick Leave

As per UAE labour law, employees are not entitled to sick leave during the probation period. However, some employers may still offer unpaid or partially paid sick leave, depending on their internal policies, such as allowing a set number of unpaid sick days or requiring a medical certificate for approval of sick leave. 

5. Annual Leave 

Employees under probation period in the UAE can use their annual leave allowance, but it has to be approved by the employer, who is also entitled to not grant the leave. This condition is in line with Article 29 (3) of the UAE Labour Law.

6. Gratuity

Employees are entitled to gratuity only after completing one year of service at the current organisation. If an employee resigns during the probation period, they are entitled to compensation for the time worked, including the notice period specified in the employment contract. They are also allowed to cash in lieu of unused annual leave that was accrued during the probation period.

Key Takeaways on Probation Period in the UAE 

• The probation period in the UAE is regulated by the Labour Law – Federal Decree Law No. 33 of 2021.

• The maximum duration of the probation period is 6 months.

• Employees can be terminated during probation with a minimum 14-day notice.

• Employees moving to another job within the UAE must provide a 30-day written notice and the new employer may need to compensate the previous employer for recruitment costs.

• Sick leave is not mandatory during probation but can be granted by employers.

• Employees can use annual leave during probation with employer approval.

• Gratuity is only applicable after one year of service.

Frequently Asked Questions 

Can I leave my job during the probation period in the UAE?

Yes, you can leave work during the probation period, provided that you notify your employer in writing for a period of no less than one month, or according to what was agreed in the employment contract. 

What is Article 37 of the UAE labour law?

It says employers can terminate employees during a maximum 6-month probation period without notice or severance, with probation allowed only once per employer. Under the new UAE Labour Law (Federal Decree-Law No. 33 of 2021), effective February 2, 2022, termination during probation requires 14 days' written notice, while the 6-month maximum probation period remains unchanged.

What is the new rule for resignation in the UAE?

UAE Federal Law No. 33 of 2022  states employers should be notified of any intention to resign in advance, at least within a window of time between 30-90 days. 

What is the probation period as per the UAE law?

An employer cannot appoint a worker for a probationary period exceeding 6 months from the date of commencement. If an employee's probation period exceeds 6 months, it is considered unlawful. 

Do I have to pay for my visa charges if I resign after the probation period?

If you are terminated during the probation period, the employee is not responsible for paying back or compensating any employer visa expenses. The law states that the employer is responsible for paying the employee the visa cost, and they are not entitled to any reimbursement.