In the United Arab Emirates (UAE), it is customary for employees to undergo a probation period upon commencing a new job.
This initial period serves as a crucial phase for both the employer and the employee to assess mutual compatibility and suitability for the role.
The duration of the probation period typically ranges between three to six months, although this may vary based on the specific policies established by the employer.
Whether you are considering employment opportunities in Dubai, Abu Dhabi, or any other emirate, understanding the intricacies of the probation period is essential.
Below, we delve into everything you need to know about the probation period in the UAE.
Importance of Probation Period in the UAE
The probation period serves a pivotal role in the employment landscape of the United Arab Emirates (UAE).
Its primary purpose is to meticulously evaluate the performance of newly hired employees during the initial months of their tenure before making a definitive decision regarding permanent employment.
This period of probation allows employers to conduct a comprehensive assessment of the employee's capabilities, work ethic, and overall suitability for the role.
Through performance evaluations and screenings, employers gain valuable insights into the individual's potential contributions to the organization.
Upon the conclusion of the probation period, employers can make informed decisions regarding the permanent designation of the employee.
If the individual demonstrates satisfactory performance and aligns with the organization's objectives, they may be offered a permanent position within the company.
Understanding Probation Period Rules under UAE Labour Law
In the United Arab Emirates (UAE), the Ministry of Labour has outlined specific regulations governing the probation period for employees.
These rules are crucial for employers and employees alike to understand to ensure compliance and fair treatment within the employment relationship.
1. Maximum Probation Period Duration
According to Article 9 (1) of Federal Decree-Law No. (33) of 2021, the maximum probation period for employees in the UAE is six months from the commencement of work.
It's important to note that exceeding this duration is considered unlawful, and the employer may be held accountable or required to compensate the employee accordingly.
2. Contract Termination
Terminating an employee's contract during the probation period falls under Article 9 (1) of the UAE Labour Law.
Employers can terminate the contract by providing written notice to the employee at least 14 days before the specified termination date.
Failure to adhere to this requirement may result in compensation equal to the worker's wages for the notice period.
3. Employee's Right to Resign and Move
During the probation period, if an employee intends to work for another employer in the UAE, they must notify their current employer in writing within one month of terminating the contract.
The new employer is obligated to bear all recruitment costs unless otherwise agreed upon.
Foreign workers must inform their employer of their resignation within 14 days of the contract termination date.
If returning to the UAE within three months and obtaining a new work permit, the new employer may be liable for compensation to the previous employer, as stipulated.
4. Sick Leave Entitlement
Employees on probation are not entitled to paid sick leave as per Article 31 (2) of Federal Decree-Law No. (33) of 2021. However, employers may grant unpaid sick leave during this period.
Related: Is Sick Leave Without a Medical Certificate Allowed in the UAE?
5. Gratuity Entitlement
Employees serving a probation period in the UAE are not entitled to gratuity.
Full gratuity is only available after completing one year of continuous service with the same employer.
Additional regulations regarding gratuity payments can be found in the DIFC gratuity law.
Related: UAE Gratuity Calculator
Also Read: How to Calculate Gratuity in UAE? [2024 Guide]
6. Probation Period Extension
Extending the probation period or subjecting an employee to probation more than once is illegal under Article 9 (2) of Federal Decree-Law No. (33) of 2021.
Once an employee successfully completes the probation period, the contract becomes valid according to the agreed terms, and the period counts towards the total service duration.
Understanding and adhering to these probation period rules are essential for both employers and employees to ensure compliance with UAE Labour Law and foster a fair and transparent work environment.
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FAQs
How long is the probation period in the UAE?
The probation period for employees in the UAE typically ranges from three to six months. Any extension beyond six months is considered unlawful.
Is emergency paid sick leave allowed during the probation period?
No, employees are not entitled to paid sick leave during the probation period in the UAE. In case of an emergency, it's advisable to communicate with the employer. However, it's likely that the employee will be advised to take unpaid time off in such situations.
Can the probation period be extended beyond six months in the UAE?
No, extending the probation period beyond six months is unlawful under UAE labor regulations.
What happens if an employer terminates an employee during the probation period?
If an employer terminates an employee during the probation period, they are required to provide written notice at least 14 days before the termination date. Additionally, compensation may be required equal to the worker's wages for the notice period, as per UAE labor law.
Is an employee entitled to gratuity during the probation period?
No, employees serving their probation period in the UAE are not entitled to gratuity. Full gratuity benefits are typically only available after completing one year of continuous service with the same employer.
Can an employee resign during the probation period?
Yes, employees have the right to resign during the probation period by providing written notice to the employer. However, they may be subject to certain conditions, such as notifying the employer within a specified timeframe.
Are there any restrictions on hiring employees from other companies during the probation period?
According to UAE labor regulations, if an employee intends to work for another employer during the probation period, they must notify their current employer in writing within a specified timeframe. The new employer may also be required to compensate the original employer for recruitment costs, unless otherwise agreed upon.
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