The concept of probation is a very important aspect of UAE labour law. It is a period for the employer to assess the employee and for the employee to prove their place in the workplace. The probationary period is defined as the period required by the employer to evaluate the performance of the worker. At the same time, it helps the employee become familiar with the work environment and job duties.
The regulations regarding the probationary period have been mentioned in Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment Relationships, in which Article 9 specifically mentions in detail the probationary period.
Maximum Duration of Probation
A worker can be appointed under a probationary period of not exceeding six months from the date of commencement of work. It is not permitted for a worker to work in probation under one single employer more than once.
If the worker successfully completes the probationary period, then the contract will be valid according to agreed terms and the probationary period shall be counted within term of service.
Notice Period During Probation
- If employer terminates employee – The employee should be notified 14 days prior to the date. The employment contract must clearly include probationary period.
- If employee resigns to join another UAE employer – The employee must provide a written one month notice to the current employer. The new employer shall compensate the original employer the costs of recruitment or contracting with the worker, unless otherwise agreed upon.
- If employee leaves UAE – If a foreign employee wants to leave the UAE during probation, they must give 14 days’ written notice. If the worker returns to UAE within 3 months and obtains a new work permit, then the new employer must compensate the original employer for recruitment or contracting with the worker, unless otherwise agreed upon.
Compensation for Failure to Give Proper Notice
If either employer or employee terminates the contract without following the required notice rules compensation equal to the employee’s wage for the notice period (or remaining notice period) must be paid. If either party terminates the employment contract without taking into consideration the provisions of this Article, it shall pay to the other party compensation equal to the worker’s wages for the notice period or the remaining period of the notice period.
If a foreign employee leaves during probation without abiding the notice requirements, they may be banned from obtaining a new work permit for 1 year from the date of departure. The one-year ban may be exempted for certain individuals on discretion of the ministry.
Annual Leave During Probation
The employer may allow the employee to use annual leave during probation. If the employee does not pass probation, they remain entitled to compensation for any unused annual leave balance.
Sick Leave During Probation
Employees are not entitled to paid sick leave during probation. The employer however may grant unpaid sick leave if supported by a medical report.
Non-Competition Clause Exception
The employee is exempted form a non-compete clause if the contract is terminated during probation.
Conclusion
The probationary period under UAE Labour Law serves as a critical foundation for the employment relationship, striking a careful balance between the rights and responsibilities of both employers and employees. Federal Decree-Law No. (33) of 2021 provides a clear and comprehensive framework governing every aspect of probation — from its maximum duration of six months, to notice requirements, leave entitlements, and post-probation protections.
What makes the UAE’s approach particularly noteworthy is its commitment to fairness at every stage — whether by ensuring compensation for unused annual leave, protecting skilled workers from work permit bans, or exempting employees from non-compete clauses upon termination during probation.
Our team at Ayesha Al Dhaheri Advocates and Legal Consultants provides focused legal support in employment matters involving probationary period disputes under UAE Labour Law. We assist both employers and employees in navigating their rights and obligations during probation, including wrongful termination claims, notice period violations, work permit restrictions, and compensation disputes arising from the misapplication of Federal Decree-Law No. (33) of 2021 before UAE courts and authorities.