Probation Period UAE: Rights and Responsibilities Explained (updated 2023)

Understanding UAE Probation Period: Rights and Responsibilities Explained

Moving to a new job can be uncertain, especially during the probation period when your performance is being assessed. The probation period may be the most important part of the start of your job in the UAE. The probation period works as an assessment of the employee’s performance. The main aim of the probation period is to allow the employer to know the new hire is suitable for the respective job or not. When you are hired in UAE you must go under probation period.

You may have several questions in your mind regarding the UAE probation period :

• What is UAE probation period?
• How long is probation period in UAE?
• Can I leave job in probation period in UAE?
• Do I need to pay if I resign under probation period in UAE?
• What happens after 3 months of probation?
• Can I quit during probation period?
• What are the new rules in UAE 2023 for employees?
• Can I be terminated during the probation period?
• Can the employer extend the probation period?
• What is the new Law on Probation period in UAE and what are my rights during the probation period under New Law?
• What are my rights during probation period?

The below article clearly explains your questions regarding the UAE probation period.

The UAE’s Ministry of Human Resources and Emiratisation (MOHRE) recently highlighted the rights of employees during the probation period under the new UAE Labour Law.

The probation period for an employee should not exceed six months and cannot be extended. If the employee successfully completes the probation period and continues working, that period is counted as part of their overall service.

If the employer wants to terminate the employee during the probation period, they must provide a written notice of at least 14 days. If an employee wishes to change jobs during probation and join another employer in the UAE, they must give their current employer a written notice of at least one month. In this case, the new employer is responsible for compensating the current employer for the employee’s recruitment costs, unless there is a different agreement in place.

If an employee resigns during the probation period with the intention to leave the job and the UAE, they must give a written notice of 14 days. If the resigning employee returns to the UAE within three months with a new work permit, the new employer must compensate the previous employer for the recruitment costs, unless agreed otherwise.

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Here are seven important points to remember during your probation:

1. Maximum Duration: The probation period cannot exceed six months. If you complete it successfully, it counts towards your total period of service.
2. Sick Leave: You can take sick leave during probation, but it will be unpaid.
3. Annual Leave: You may be able to take annual leave with your employer’s approval, but they have the right to refuse it.
4. Termination Notice: If your contract is terminated during probation, your employer must provide a written 14-day notice.
5. Resignation Notice: If you resign to join another company in the UAE, you must give one month’s notice in writing. The new employer should compensate your previous employer for recruitment costs.
6. Failure to Give Notice: Leaving the UAE without following the proper notice requirements can result in a one-year labor ban. However, there are exceptions for certain groups.
7. Terminating Contract: If you resign during probation, you may be required to compensate your employer as per your contract terms.

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Rights and Responsibilities of Employer and Employee during the Probation period in UAE:

Article 9 of Federal Law No. 33 of 2021 explains the rights and responsibilities of both employers and employees during the probationary period. Here is a simplified explanation of each point:

1. Probation Period: Employers have the right to hire a worker on probation for up to six months. During this period, the employer can terminate the worker’s contract by providing a written notice of 14 days before the specified end date.
2. Sick Leave Entitlement: Employees on probation have the right to take sick leave, but it is considered unpaid. This means that if an employee become ill, he or she can take time off from work, but he or she will not receive your salary for the duration of your absence, in accordance with Article 31 of the UAE Labour Law.
3. Possible Annual Leave: While on probation, employee may have the opportunity to take some of your annual leave, but it is subject to your employer’s approval. Employer have the discretion to grant or deny your request for leave during this period, as stated in Article 29(3) of the Labour Law.
4. Successful Completion of Probation: If the worker successfully completes the probation period and continues working, the employment contract becomes valid according to the agreed terms. The duration of the probation period is counted as part of the worker’s overall tenure of service.
5. Switching Jobs during Probation: If a worker wants to switch jobs and work for another employer in the country during the probation period, they must give their current employer a one-month written notice. The new employer is required to reimburse the costs associated with recruitment or contracting, unless stated otherwise in the contract.
6. Termination of Contract during Probation: If an expatriate worker wants to terminate their contract during the probation period and leave the country, they must provide their employer with a written notice of at least 14 days before the specified termination date. If the worker wishes to return to the country and obtain a new work permit within three months, the new employer must pay the compensation mentioned in point 3, unless there is an agreement stating otherwise.
7. Compensation for Contract Termination: If either party terminates the contract without following the provisions of this article, they are required to pay the other party compensation equal to the worker’s wages for the notice period or the remaining period of the notice.
8. If you leave the UAE without fulfilling the required notice period, you may face a one-year ban on obtaining a work permit in the country, as stated in Article 9(6) of the Labour Law. However, there are exceptions to this rule. According to Article 28(2) of Ministerial Decree No. 1 of 2022, certain groups are exempt from the labor ban:Workers who hold a family-sponsored residency visa.
   • Workers who apply for a new work permit within the same company.
   • Workers with professional qualifications, skills, or knowledge that are in high demand in the UAE.
   • Holders of the Golden Visa.
   • Professional categories determined by the Minister of Human Resources and Emiratisation, based on the needs of the labor market and approved by the Cabinet.
9. Exemptions by the Ministry: The Ministry has the authority to exempt certain job categories, skill levels, or workers from the conditions mentioned in points 4 and 6, based on the rules and procedures specified in the Executive Regulations (Bylaws) of this Law.

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Will You Face A Labour Ban If You Are Terminating The Contract During Probation Period?

According to Article 8 of the resolution, if an employee terminates their contract during the probation period, they may be subject to a one-year labour ban. This is in accordance with the provisions stated in Articles (9) and (50) of the Federal Decree-Law.

Do You Need to Pay to the Employer If You Are Resigning During Probation Period?

If an employee decides to resign during the probation period, Article 9 of the Labour Law specifies that the new employer is responsible for compensating the original employer for the costs associated with recruiting or contracting the employee, unless there is an alternative agreement in place.

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The probationary period serves as a time for the company to assess the new employee’s performance and suitability for the role. It provides the company with an opportunity to evaluate the working relationship before making a long-term commitment. Similarly, the employee also has the right to assess whether the working conditions and environment are suitable for them to continue working on a permanent basis. It allows both parties to make an informed decision about whether to proceed with a permanent employment arrangement.

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Frequently Asked Questions FAQs on Probation Period UAE