To work in the UAE, one must undergo a probation period, exclusively at the beginning of employment.
In this article, we will explain the points related to the probation period, which every individual wishing to work in the UAE must be aware of.
Probation Period:
The probation period allows the employer to ensure that the employee possesses the required skills to continue working, and it also allows the employee to assess the suitability of the work environment and type of work for him / her. Thus, the probation period is mutually beneficial for both parties of the employment contract.
The determination of the probation period is subject to the employer’s preference, with a maximum limit of 6 months. According to the intended purpose of the probation period, the employee cannot be subjected to it more than once by the same employer, regardless of the duration of employment or the number of times the employment contract is renewed.
The New Regulations for the Probation Period According to Federal Decree No. 33 of 2021:
- Duration of Probation Period: Maximum 6 months. An agreement can be reached, for example, for 3 months, and then the probation period can be extended with the consent of both parties to the employment contract, provided that the total does not exceed 6 months. If the employment relationship continues between the parties and the contract is renewed, the employee cannot be subjected to a new probation period.
- If the employer terminates the employment relationship during the probation period, the employee must be given a notice period of at least 14 days. If the employee terminates the employment relationship during the probation period, he / she must commit to working for a notice period of at least one month.
- If the employee wishes to terminate the services in order to move to work for another employer and is still within the probation period, the new employer is obliged to pay the old employer the costs of recruitment and contracting with the employee, which were paid by the old employer.
- If the employee terminates the employment relationship with the intention of leaving the country during the probation period, they must give the employer a notice of at least 14 days. If the employee returns to the country to join a new employer before 3 months have passed since leaving, the new employer must comply with stipulated in the third item.
- The notice period is considered part of the employment contract, so there is a salary to be paid. If either party fails to comply with the notice period (during or outside the probation period), they must compensate the other party with a salary equivalent to the remaining notice period. Note that the employer no longer has the right to terminate the employee’s services during the probation period without allowing them to work during the notice period.
- If the employee leaves the country without complying with the notice period of at least 14 days and, in order to ensure the smooth running of work, the law punishes the employee by not granting them a work permit for a period of one year from the date of leaving the country.
The decree of Federal Law No. 33 of 2021 has introduced several amendments to the probation period to make it more suitable for both parties of the employment relationship and more suitable for the UAE labor market in terms of protecting and guaranteeing the rights of both parties, as well as imposing new obligations to protect those rights.
For further information or legal assistance please do not hesitate to contact us on the following number or email address: +97144221944 or reception@alsafarpartners.com – www.alsafarpartners.com.
Written By:
Mr. Obada Al Khatib – Senior Legal Consultant & Head of Employment at Al Safar and Partners Law Firm
