Probation is an important part of an employment contract in the United Arab Emirates (UAE), which allows both the employer and the employee to assess how well they fit each other. It is regulated by Federal Decree-Law No. 33 of 2021 on labor relations. In this article, we will analyze the main provisions about the probation period, give examples and explain how to use it correctly.
What is a probation period in the UAE?
A probation period is a period during which the employer evaluates the professional qualities of an employee, and the employee, in turn, can check whether the working conditions in the company are suitable for him. In the UAE, the maximum probation period cannot exceed 6 months. During this time, neither the employer nor the employee have final obligations, allowing the parties to terminate cooperation with minimal legal consequences.
Probation rules
The maximum duration of the probation period is 6 months.
Termination of the contract during the probation period is possible on the initiative of either party. The employer must notify the employee 14 days in advance, and the employee must notify the employer at least 1 month in advance if he wants to change employers.
After the successful completion of the probation period, the employment contract automatically continues on previously agreed terms. This period is counted in the total length of service.
Examples of the application of the probation period
Example 1: Successful completion of the probation period
Anna, a programmer from Russia, got a job at an IT company in Dubai. Her employment contract provided for a probation period of 3 months. During this period, her responsibilities included developing and testing software for one of the company’s projects. After 3 months, the company recognized Anna’s work as satisfactory and invited her to continue working on a permanent basis. The probation period ended, and her work continued with the same conditions that were prescribed in the employment contract.
Example 2: Termination of the contract during the probation period
Ali is an engineer from India who was hired on probation for 6 months at a construction company in Abu Dhabi. However, after 2 months, the employer was not satisfied with his performance and decided to terminate the employment relationship. The employer notified Ali 14 days before the termination of the contract. Ali completed the last two weeks of work and was relieved of his duties without penalty.
Example 3: Transfer to a new employer during the probation period
Michael, a sales manager from the UK, worked for 4 months at one company, but was dissatisfied with the working conditions. He decided to accept an offer from another company. By law, Michael had to notify his current employer at least 1 month in advance. After fulfilling all obligations, he moved to a new place of work, and his new employer compensated the previous one for all expenses related to hiring.
Features of dismissal during the probation period
If an employee decides to quit during the probation period and leave the UAE, he is obliged to notify the employer at least 14 days in advance. In case of return to the country and employment within 3 months, the new employer will have to compensate the hiring costs to the previous employer. Violation of these rules may result in the inability to obtain a new work permit for up to 1 year.
Benefits of probation for employers and employees
- Flexibility: The probation period allows both parties to assess their expectations and compliance more freely.
- Skills assessment: Employers can see in practice how an employee copes with responsibilities and decide on further cooperation.
- Trial period for employees: An employee gets the opportunity to check working conditions, company culture and the atmosphere in the team before deciding on a long-term job.
Frequently Asked Questions about Probation
Is it possible to extend the probation period?
No, according to UAE law, the probation period cannot exceed 6 months.
Does the probation period count towards the length of service?
Yes, the probation period is counted in the total length of service when continuing to work.
Can the employer re-assign the probation period?
No, there is no repeated probation period for the same employee at the same employer.
Probation is an important stage for both the employer and the employee. In the UAE, the rules are set in such a way as to ensure a balance of interests between both sides and facilitate easier adaptation to new conditions. The ability to effectively use this period can contribute to successful employment and long-term cooperation.
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