Are you starting a new job in the UAE and wondering what the probation period really means for you? It’s more than just a trial phase. The probation period is a legally defined timeframe that helps both you and your employer determine if the role is the right fit.
Understanding your rights, responsibilities, and legal obligations during this period is essential to avoid misunderstandings or penalties. In the UAE, this period is carefully regulated by Federal Decree Law No. 33 of 2021 and includes strict rules around notice periods, termination, benefits, and contract types.
Whether you’re a new employee, planning to switch jobs, or considering leaving the country, this guide covers everything you need to know. Let’s break down each critical aspect of the probation period in the UAE so that you can navigate it with clarity and confidence.
What Is the Maximum Length of the Probation Period in UAE?
In the UAE, the maximum duration for a probation period is six months. This is clearly established under Article 9 of Federal Decree Law No. 33 of 2021. Employers can decide on a shorter period, such as two or three months, but they are not permitted to extend it beyond six months under any circumstance.
This probation period is not renewable. Once completed, it cannot be restarted or reimposed by the same employer. Even if you’re promoted or transferred within the same company, the probation clause cannot be repeated. The law ensures fairness and prevents employers from misusing probation status to delay granting full employment rights.
This six-month window is designed to assess the suitability of the employee for the position and vice versa. It is applicable for all employment types, including full-time, part-time, and temporary roles. Once you successfully complete probation and continue in your role, this duration is considered part of your total service.
Can You Be Terminated During the Probation Period in UAE?
Yes, you can be terminated during the probation period in the UAE, but there are clear legal requirements your employer must follow. The UAE Labour Law mandates that employers must provide at least 14 days’ written notice before terminating an employee during probation. This notice allows the employee time to prepare, seek other opportunities, or make personal arrangements.
Here’s what employers must follow during termination:
- A formal written notice of 14 calendar days is required.
- The reason for termination is not obligatory to disclose, although it is often related to performance or fit.
- Termination cannot occur without notice unless there’s gross misconduct, which must be proven.
On the other hand, you as an employee, also have the right to resign during probation. The law allows both parties to exit the contract during this period, but procedures differ depending on your intention to leave the country or remain in the UAE. The probation period is legally structured to ensure fair exit terms for both employers and employees under regulated conditions.
How Can You Resign During the Probation Period in UAE?
Resigning during your probation period in the UAE is allowed, but the rules vary depending on your next steps. If you’re planning to leave the UAE entirely, you must give your employer a 14-day written notice.
However, if you’re resigning to join another company within the UAE, the notice period is longer, you are required to give 30 days’ written notice.
Here’s a breakdown:
- Leaving the UAE: A Minimum of 14 days’ written notice is required.
- Switching to another UAE employer: Minimum of 30 days’ written notice is mandatory.
- Providing notice: Notice must be in writing and clearly state your intentions.
When you move to a new employer in the UAE during probation, your new employer must compensate your current employer for the recruitment and visa costs unless both parties agree otherwise. This clause ensures that employers are not financially burdened when an employee exits early.
Make sure to follow proper legal channels to avoid future employment bans or complications. Always read your contract thoroughly to check for any additional clauses specific to your company’s policies.
Are You Entitled to Sick Leave During Probation in UAE?
During your probation period in the UAE, you are not entitled to paid sick leave under the federal labour law. This applies across all employment types. The probation period is seen as a testing phase where benefits such as paid sick leave are not mandatory. However, some employers may offer certain flexibilities based on internal policies.
While this is not a legal obligation, a few companies might allow you to:
- Take unpaid sick leave based on your manager’s approval.
- Provide a medical certificate to justify absence even during probation.
- Use casual or emergency leave instead, depending on company discretion.
It’s important to note that employers are not obligated to accept sick days unless they’ve already included such terms in the employment contract. As a probationary employee, being transparent about health issues and communicating early is crucial.
If your company offers unpaid sick leave or flexibility, this is purely a company-level decision and not enforced by law. Understanding this policy helps you plan ahead if you have pre-existing medical conditions or anticipate the need for time off during your early employment stage.
Are You Eligible for Gratuity or Benefits During Probation?
Gratuity and similar benefits are not provided to employees who leave or are terminated during the probation period in the UAE.
The labour law clearly states that end-of-service gratuity becomes applicable only after completing one year of continuous service with the same employer. Therefore, if you exit the company before finishing the probation period, you are not eligible for gratuity.
However, your employer is still required to pay:
- Salary for days worked during the probation period.
- Any accrued leave, if stated in the employment contract.
If you complete your probation and continue working, that probation period will be included in your total service duration. This means it will later count toward calculating your gratuity after one year of service.
In exceptional cases, some employees may be entitled to additional payments or benefits if specified in the employment contract. Always review your agreement to check if your employer provides any extra incentives or contractual benefits during or after probation. But under federal law, gratuity is strictly linked to a minimum of 12 months of service.
Who Pays Recruitment Costs When You Change Jobs During Probation?
If you decide to switch jobs within the UAE during your probation period, the new employer is responsible for covering your recruitment and hiring costs. This is a mandatory requirement under UAE Labour Law unless your current employer agrees otherwise in writing.
These costs typically include:
- Visa processing fees.
- Medical testing and Emirates ID charges.
- Recruitment agency fees, if applicable.
However, to activate this requirement, you must provide your current employer with at least 30 days’ written notice before resigning. If you don’t follow this procedure or leave the country without notice, you could face a labour ban for up to one year, and your new employer will not be allowed to sponsor you.
The cost transfer clause ensures fair treatment to employers who invest time and money in hiring and onboarding new talent. Employers cannot recover these costs from you directly unless a written agreement permits it. It’s crucial to handle job transitions within the legal framework to avoid visa complications and ensure smooth onboarding at your new workplace.
What Happens If Either Party Breaks the Contract Without Notice?
If either the employee or employer terminates the contract during the probation period without providing the legally required notice, there are financial and legal consequences. The violating party is required to compensate the other an amount equal to the employee’s wage for the notice period or the remaining portion of it.
For instance:
- If an employer ends the contract without 14 days’ notice, they must pay the employee two weeks salary.
- If an employee resigns to leave the UAE without notice, they will owe the same compensation to the employer.
In addition to compensation, the employee may also face a labour ban of one year if they leave the country without following the notice protocol. However, this does not apply if the employer waives the notice or has agreed to early termination in writing.
This regulation ensures that both parties respect contractual obligations. It’s essential for employees to communicate clearly and in writing when exiting a job during probation to avoid future disputes or legal restrictions on re-employment in the UAE.
Does the Probation Period Count Toward Your Total Service?
Yes, if you successfully complete the probation period and remain with the same employer, that period is counted toward your total service. This is important when calculating your eligibility for benefits like gratuity, annual leave accrual, and end-of-service compensation.
Here’s what this means for you:
- Your official service start date includes your probation period.
- It contributes to the one-year minimum requirement for gratuity eligibility.
- It is valid for calculating long-term benefits such as pension and notice period post-probation.
However, if you’re terminated or resign during probation, that period does not qualify you for end-of-service benefits, although your salary and contractual dues for the time worked must still be paid.
It’s important to distinguish between “total service” and “benefit eligibility.” Total service means your tenure, while benefits like gratuity are only activated after certain minimum thresholds.
If you’re planning a long-term career with your current employer, knowing that your probation period counts toward your tenure is a small but significant advantage.
The law ensures that your time and effort during probation are recognized if you continue in employment after passing this period.
Conclusion
Navigating the probation period in the UAE may seem complicated at first, but understanding your rights and duties makes it much more manageable.
This period is a mutual evaluation phase where both you and your employer assess if the job is the right fit. Following the UAE Labour Law helps you avoid any penalties, loss of benefits, or legal issues in the future.
Whether you’re resigning, being terminated, or changing employers, ensure that you’re giving the proper notice and respecting the regulations set under Federal Decree Law No. 33 of 2021.
Staying informed helps you take confident steps in your career without facing unnecessary risks. Always review your employment contract and discuss any uncertainties with your HR department before making major decisions during probation.
FAQs
How long can the probation period be in the UAE?
The probation period in the UAE cannot exceed six months and it cannot be extended or repeated for the same employer.
Can I be terminated without notice during probation in UAE?
No, the employer must give you 14 days’ written notice even during probation unless the dismissal is due to serious misconduct.
Can I switch jobs during probation without penalty?
Yes, but you must give 30 days’ notice and the new employer must cover your recruitment costs unless agreed otherwise.
Do I receive salary if I resign during probation?
Yes, you are entitled to your earned salary and any unpaid dues even if you resign during the probation period.
Is sick leave allowed during probation in the UAE?
Paid sick leave is not allowed during probation, but some companies may permit unpaid leave depending on internal policies.
Can probation time be counted toward gratuity later?
Yes, if you continue employment after probation, that time counts toward your total service for gratuity eligibility.
Will I get a gratuity if terminated during probation?
No, gratuity is only provided after completing one full year of service with the same employer.
