Probation Period – what does the law say?
A probation period is when your employer scrutinises your on the job performance. Usually, this period is in between 3-6 months. But as per UAE Labour Law, probation period is for 6 months. During the probation period you may be terminated from employment usually with a day’s notice. The labour law of UAE has a provision for employers to assess your performance and judge whether it is up to the standards expected.
Once you are confirmed in the employment, your employment is secured according to the Federal Labor Laws of the UAE and then you can only be terminated upon the expiry of your contract or as per Article 121 of UAE Labour Law.
Article 37 of the UAE Labour Law mentions the below:
The employee may be appointed for a probationary period not to exceed six months, and the employer may terminate the services of the employee during this period without giving a notice or end of service remuneration. Appointment of the employee on probation basis in the service of one particular employer may not be made more than once. However if the employee passed the probationary period satisfactorily, and remained in service, such period of service shall be computed in the period of his service.
What you need to know about Probation Period?
- You can not be placed under probation more than once by the same employer.
- Your employer can terminate your services at any time during the probationary period without notice or severance pay.
- The probationary period is included in calculating your service years for purposes of gratuity calculation and other pay calculations.
- You are not legally entitled to any paid sick leaves during the probationary period.
- You are likely to incur a labour ban if you terminate your employment during this period. However, this will also depend on your skill levels and new job offer (Read: How to avoid labor ban?)
What happens if you resign during probation period?
I have written a separate article on what happens if you resign during probation period.
Note that Probation period may be the most important part of the start of your job in UAE. Wish you all the best.
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