A probationary period is meant to allow the company to evaluate the new hire and make a decision on whether to keep the working relationship continue or end it.

1. PROBATION PERIOD IN
UAE
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2. Any individual who has ever applied for a job or tried to join a firm or organisation would
be familiar with the term “probation”. In the workplace, a probationary period is a time
frame during which a new hire is assessed to decide whether or not full-time employment
should be made available.
The company or a manager can monitor the employees performance throughout this
timeframe to determine if the employee will stay on the job after the trial period is finished
or not. However, the employee also has the right to decide whether or not the working
conditions are suitable for them to remain in employment on a permanent basis.
Therefore, the probationary period is actually the period when a new employee is being
screened.

3. According to Article 9 of the revised labour laws, probation period constitutes these
criteria, which are given below:
 Maximum probation period is six months after the start of the job.
 Employee shall be informed 14 days before the termination date by the employer.
 Employee must notify the company 14 days before termination when they are going
abroad.
 If employee wants to join another company, Employee must notify the company 30 days
before termination,

4. Probation has additional provisions and major changes as a result of the New UAE Labor
Law i.e. Federal Decree-Law No. 33 of 2021
 When a person quits their job during their probationary term to work for another
company in the UAE, they are required to give at least 30 days’ notice, and the new
employer is responsible for covering the costs associated with hiring the employee
(unless agreed otherwise).
 The employee must give 14 days’ notice if they are leaving the UAE after their
resignation. But, if the employee returns to the UAE for work inside three months of
leaving, the new employer will be responsible for paying the worker’s former employer
for any costs associated with hiring them (unless agreed otherwise).

5.  A probationary employee may only be hired once by a single employer, and if the
employee successfully completes the probationary period and keeps working, the
contract will become effective in accordance with the terms agreed upon. This time
frame will be included in the service term
 The original employer must be notified in writing within at least one month of
the worker’s desire to end the contract if the worker desires to relocate during the
probationary period and serve for another company in the State. Then, unless
otherwise stipulated, the new employer should reimburse the first employer for the
costs of hiring or contracting with the employee.

6.  Without taking the requirements of this Article into account, any party may terminate
the employment agreement by giving the other party compensation equivalent to the
employee’s earnings for the notice period or the remaining portion of the notice period.
 If foreign employees depart the country in violation of this Article’s requirements, they
will not be issued a work permit to work in the UAE for one year from the date of
departure.
 If an employee or employer ends an employment agreement in UAE without providing
the required notice, they are still required to compensate the other participant with
wages equivalent to the notice period or the remaining portion of the notice period.

7.  A labour ban of one year from the date of departure (subject to MOHRE
exemptions), will apply to any employee who departs the country in violation of this
Article’s regulations.

8. FREQUENTLY ASKED QUESTIONS
In accordance with UAE labour legislation, how long is the probation period?
According to UAE Labor Law, the probationary term cannot go more than six months
after the start of employment.
Could an employer terminate an employee’s employment while they are on
probation?
After giving the employee written notice at least fourteen (14) days before to the date
indicated for termination of service, the employer may terminate the employee’s
employment.

9. How can employers prolong the probation period?
The probationary term may not be extended by the employer beyond six months. Any
probationary term extension that lasts longer than six months is illegal.
How could an employee take Annual leave while on probation?
While on probation, the employee is not permitted to take any Annual leave.

10. In the event that an employee is terminated while on probation, who pays for the
visa?
According to UAE Labor Law, an employer must cover all visa costs for an employee
and is not allowed to claim these costs from the employee.
How could an employer hire probationary staff more than once at the same
company?
An employee on probation may not be appointed by the same company more than
once.

11. What happens if neither party adheres to the legal notification requirements and
ends the employment contract during the probationary period?
Without taking the requirements of this Article into account, each party who decides
to end the employment relationship must give the other party compensation
equivalent to the earnings earned during the notice period or the remaining portion of
the notice period.
Does the employee qualify for sick leave while on probation?
During the probationary phase, an employee is not allowed to have paid sick leave.

12. Can an employee quit their job and leave the country during Probation?
The employee must give written notice to the employer at least 14 days before the
agreement is to expire if they choose to terminate their job during the probationary
period. If the employee wishes to return to the UAE and get a new work visa, the new
employer must pay the compensation within three months of the date of departure.
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13. CONTACT US
HLB HAMT
Level 18, City Tower-2,
Sheikh Zayed Road
PO Box 32665
Dubai – United Arab Emirates.
Tel: +971 4 327 7775
E-mail: dubai@hlbhamt.com