All about the probation period in the UAE

• Probation Period
• Rules
• FAQs

Employees have to undergo a mandatory probation period in the UAE when they start a job. The duration of the probation period may vary from three to six months depending on the policies defined by the company. If you’re planning to apply for a job in the UAE, here’s everything you need to know about the probation period in the UAE.

WHAT IS A PROBATION PERIOD?

The idea behind having a probation period in the UAE is to assess the employee’s performance within the first few months before offering them a permanent designation. During the probation period, the employee undergoes a thorough evaluation and performance screening. Once the evaluation concludes, the employer will hire the person as a permanent employee, if deemed suitable for the particular position.

RULES AND REGULATIONS UNDER THE UNDER THE UAE LABOR LAW

The Ministry of Labour in the UAE has established some rules regarding the probation period of employees in the country.

1. MAXIMUM EMPLOYMENT PROBATION PERIOD IN THE UAE

According to the UAE labour law, the maximum probation period for any employee should be three to six months. The duration of the probation period is described in detail in Article No. 37 of the Federal Labour Law No.8 of 1980, stating:

“A worker may be engaged on probation for a period not exceeding six months, during which, his services may be terminated by the employer without notice or severance pay: provided that a worker shall not be engaged on probation more than during service to any one employer. Where a worker successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service.”

In reference to the clauses in the aforementioned Article 37, if the employment probation exceeds the six-month period, will be considered unlawful. In this case, the company will be held accountable or might need to compensate the employee.

2. TERMINATION WITHOUT NOTICE DURING THE PROBATION PERIOD

Termination of an employee’s employment during the probationary period falls under Article 120 of the UAE Labour Law. According to this law, If the performance of an employee is not on par with the performance metrics, the company has the right to terminate the employee. An employer can also terminate a probationary employee with a limited-term contract well in advance to its expiry date. 

The employer has the right to terminate an underperforming employee on a day’s notice, only if the probation period does not exceed the maximum 6 months limit. The employee terminated within the probation period set by the Federal Labour Law will not be entitled to severance pay and other compensation and benefits.

Upon termination, the employee on probation does not have to reimburse the employer for the visa costs. It is illegal under the UAE Labour Law for companies to ask for reimbursement of visa expenses from employees. 

3. EMPLOYEE’S RIGHT TO RESIGN

While on probation in the UAE, the employee is entitled to resign at any point on a day’s notice. It’s essential for employees interested in working in any of the emirates to carefully go through the contract before posting a resignation during probation period in UAE.

4. NO ENTITLEMENT TO SICK LEAVES

An employee is not allowed a paid sick leave during probation period in UAE. If a situation arises that requires an employee to take some time off whilst on probation, discussing the matter with the employer is necessary. 

5. ENTITLEMENT TO GRATUITY

According to the rules and regulations of the UAE Labour Law, an employee serving a probation period in the UAE is not entitled to any gratuity payments.

Completing the probation period and continuing to work for the same company for a year, allows an employee to avail of full gratuity.  You can also take a look at the DIFC gratuity law in the UAE to get a clear picture of the rules and regulations regarding gratuity payments.

6. NO EXTENSION IN PROBATION PERIOD  

Extension in the probation period is illegal specifically if the employee upholds the performance standards of the company. Similarly, an employer cannot put an employee on probation for the second time in the same company. 

FREQUENTLY ASKED QUESTIONS

HOW LONG IS THE PROBATION PERIOD IN THE UAE?

The employee’s probation period is usually set from three to six months in the UAE. Any extension in the probation period that exceeds six months is unlawful. 

DO I HAVE TO PAY FOR MY VISA CHARGES IF AM TERMINATED DURING PROBATION PERIOD?

No, you don’t have to reimburse or compensate your employer for visa expenses if you’re terminated during probation. According to the UAE Labour Law, the employer has to bear all the visa expenses for an employee and cannot ask for any visa expenses reimbursement. 

ARE EMERGENCY PAID SICK LEAVES ALLOWED DURING PROBATION PERIOD?

Employees cannot avail any paid sick leave while they are on probation in the UAE. If an emergency arises, it’s better to discuss it with the employer, but chances are high that you will be advised to take unpaid time off in such situations. 

That concludes our post on probation period in the UAE. Every employee has to undergo a mandatory probation period before achieving permanent employment. It’s also essential for employees to know about the end of service gratuity payments in the UAE. The employees in the UAE should be aware of Tasheel, a system that fast tracks all labour-related issues in the UAE. 

If you’re seeking a job in the UAE or planning to apply for a study visa, you’ll need a police clearance certificate. Obtaining a police clearance certificate in the UAE is a simple and hassle-free process, provided that you have all the paperwork prepared.   

Stay tuned to MyBayut for more updates on the UAE rules and regulations.