What is the probation period?
According to the UAE’s Labour Law – Federal Decree Law No. 33 of 2021 – it is a period required by the employer, which enables them to monitor the performance of the worker and enables the worker to familiarise themselves with the job functions and work environment, and based on which the employment contract is either continued or terminated pursuant to the provisions of the Labour Law.
During probation, you should be aware of these rights and responsibilities :
- A probationary period of six months cannot be exceeded
A probationary period is included in your total period of service when calculating your gratuity and annual leave eligibility if you complete the probationary period and continue working for the company.
- You are entitled to sick leave
Probationary employees have the right to sick leave, however it can only be used as unpaid leave. According to Article 31 of the UAE Labour Law, you are therefore permitted to take time off if you become ill, but you will not be compensated for the period you are away.
- You might be able to take annual leave
While on probation, you are permitted to use a portion of your yearly leave balance; however, the employer must authorize the leave request and has the right to refuse it. This is in accordance with the Labour Law’s Article 29(3).
- Fired during probation? You should get sufficient notice from your employer
According to Article 9 (1) of the UAE Labor Law, your firm must provide you with written notice of 14 days if it decides to end the contract during the probationary period. According to the condition, the employer may assign the employee to a probationary term that lasts no more than six months after the start of work. During this time, the employer has the right to terminate the employee’s employment by giving written notice at least 14 days before to the designated termination date.
- Want to resign? This is the notice period you should give
The notice period requirements change based on your reason for quitting. You must give written notice of one month’s notice if you are leaving your position to work for another company in the United Arab Emirates.
Additionally, unless otherwise agreed, your new employer is required by UAE labor law to reimburse your former employer for the expenses incurred in hiring or contracting you.
On the other hand, you should provide your employer 14 days’ notice if you intend to leave the UAE by resigning. In this instance, if you choose to return to the United Arab Emirates and work for a new company within three months of departing, the new employer is required to pay the compensation of recruitment costs outlined in the law, unless there is an existing agreement between the original employer and employee.
- Don’t serve the required notice? You face a one-year labour ban
According to Article 9 (6) of the Labour Law, a worker who leave the UAE without complying with the provisions of the law, will not be granted a work permit to work in the UAE for a period of one year from the date of departure.
However, there are exceptions to this rule. In Article 28 (2) of the Ministerial Decree No. 1 of 2022, there are certain groups that do not face a labour ban:
1. The worker who holds a family-sponsored residency visa.
2. The worker who applies for a new work permit at the same establishment.
3. The worker who has professional qualifications, skills or knowledge levels that the State needs.
4. Golden Visa holders.
5. Any professional categories according to the needs of the labour market in the State that are determined by resolution of the Minister [of Human Resources and Emiratisation] in accordance with the workers’ classification approved by the Cabinet.