Probation Period in UAE | Know Your Rights and Responsibilities

Are you taking up employment with a UAE-based company?
Do you wonder what are the types of leaves you can take during your Probation Period in UAE?
Or, you overthink everything; and worry about the notice period if you want to resign or if the company is to fire you?

Don’t worry that much! Almost all employees in the UAE have to undergo a probation period when they get a new job. It may vary from three to six months, depending on the policies and procedures defined by the company.

If you’re about to start your new job in the UAE, here’s all about the Probation Period in UAE.

What is Probation Period in UAE?

The probation period in the UAE's Labor Law; is that mandatory period required to enable the employer to monitor and evaluate the worker's performance. On the other hand, it enables the worker to assess the job functions and work environment.

According to Article 9(1) of the UAE's labor Law, the employer may employ employees on probation for a period from three to six months from the service commencement date, as the employer may terminate any employee during the probation period by giving him/her fourteen days prior written notice.

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Probation Period; Rights and Responsibilities

1- Duration: From Three to Six Months

Your Probation Period in UAE can be for a few months; it cannot exceed six months. If you complete it successfully and will continue working for the same company, this period will be calculated as a part of your total service period, which is relevant to how your gratuity and annual leave eligibility are calculated.

2- Annual Leave

As per Article 29 (3) of the Labor Law, you might be able to take some of your annual leave allowances while you are under probation period. Yet, your requests have to be approved by your employer.

3- Sick Leave

As per Article 31 of the UAE Labour Law: Under probation, you are entitled to sick leave "as unpaid leave." In other words, if you fall ill, you can take leave, but you will not be paid the salary for the days you take off.

4- Probationary Dismissal

You may get fired during your probation, yet you should get two weeks prior written notice from your employer, as per Article 9(1) of the UAE Labor Law.

To avoid getting fired:

• You should deliver the skills or performance you promised at the interview
• Have good timekeeping and attendance
• To be the perfect fit in terms of personality or organizational culture

The probationary period allows you to manage the relationship between you and your employer, so you can address problems before agreeing on a full contract.

5- Resignation

If you want to resign from your job to join another company, you need to give a one-month notice in writing.

As per the UAE labor law, your new employer should recompense the previous employer for the costs of your recruitment unless otherwise agreed upon.

Yet, if you plan to resign because you want to leave the UAE, you should give your employer a two-week notice.

6- Extension in Probation Period

It is illegal to extend the probation period, according to Article 9 (2) of the UAE Labor Law; if you successfully pass the probationary period and continue to work for the same company, your employment contract shall become valid according to the agreed terms. The previous period shall be counted within the term of service.

To Wrap things up,

• The probation period in the UAE is usually set from three to six months. Any extension in the probation period that exceeds six months is unlawful.
• You cannot avail yourself of paid sick leave while on probation.

• Your employer may terminate you during probation by giving you fourteen days prior written notice.

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