Within the UAE, mainly in Dubai, labor statutes incorporate a probationary phase of up to 6 months probation period in UAE for recently employed individuals. During this tenure, either party holds the authority to dissolve the contract, so long as the necessary notification period is met. Novices are anticipated to deliver 14 days’ notice if vacating the UAE and 30 days if migrating to a different occupation within the region.
In this article, you can learn about the probation period in UAE, the rules, and some other legal stuff. Follow us.
What is a Probation Period in UAE?
A probationary period is a new employee’s trial period in the United Arab Emirates. It enables employers to evaluate your suitability for the position and skill set. Six months is the maximum amount of time, though some businesses opt for less time. You have up to 14 days, depending on your circumstances, to give notice to your employer to end the contract, or you have up to 30 days to do so. You are hired on a permanent basis with full benefits as soon as your probation is successfully completed.
While paid sick leave is typically withheld during probation, it may be subject to the employer’s discretion. Departing during probation might entail compensation as specified in the employment contract in UAE.
The entitlement to gratuity emerges after a year of service, with clauses for remuneration if exiting during the probationary period, underscoring the critical importance of abiding by UAE labor regulations.
Probation Period Rules under UAE Labor Law
How long is the probation period in UAE?
- According to UAE labor law, the probation period in UAE can endure up to six months, originating from the genesis of the recent employment engagement. This evaluator phase empowers employers to gauge employees’ job performance.
- During this interval, both parties possess the latitude to terminate the contract, so long as they adhere to the predetermined notice period.
- Though paid sick leave is often omitted during probation, it could be at the employer’s discretion. Exiting during probation might lead to compensation as described in the employment contract.
- The qualification for gratuity materializes following one year of service, with provisions for remuneration if exiting during the probationary period, accentuating the importance of resignation after the probation period in UAE labor law.
Maximum Employment Probation Period in the UAE
In the UAE, primarily in Dubai, the maximum probation period, according to UAE labor law, can reach up to six months, concurring with the onset of the first employment engagement. This evaluative phase grants employers the opportunity to inspect employees’ job performances prior to finalizing the employment contract.
Throughout this duration, both parties retain the freedom to terminate the contract, provided they adhere to the specified notice period.
Key Points of the Probation Period
Key Points of the Probation Period in UAE
- Sick Leave: Employees do not receive paid sick leave during the probation period in UAE, though employers may allow time off for illness based on internal policies.
- Resignation: Employers may be entitled to compensation if employees wish to end the contract during the probationary period.
- Gratuity: Employees are not eligible for gratuity until completing one year of service at the current organization.
Duration
Navigating the complexities of the probation period in UAE, under the purview of its labor laws, unveils a tapestry woven with threads of adaptability and constraint.
- Maximum Duration: Oscillating within the temporal confines of 3 to 6 months, the probation period beckons employers to a realm where they can meticulously scrutinize employee performance while treading cautiously within the boundaries of legal constraints.
- Single Probation: Enshrined within this labyrinthine process is the decree that employees shall traverse the path of probation only once during their tenure with an employer, ensuring a symphony of fairness and consistency in the evaluation symposium.
- Extension Limit: Despite the fertile ground for metamorphosis and evolution within organizational realms, the probationary epoch stands as an unwavering sentinel, staunchly forbidding any extension beyond the hallowed threshold of 6 months, irrespective of metamorphic role transmutations.
- Evaluation Period: At this juncture, akin to a celestial alignment in the cosmic ballet of hiring rituals, the probation period bestows upon employers a trove of invaluable insights into an individual’s prowess and aptitude for the designated role, thereby empowering them to orchestrate sagacious decisions regarding permanent employment bestowal.
- Legal Compliance: The harmonious adherence to the statutes enshrined within the labyrinthine corridors governing the probation period emerges as an imperious mandate for both custodians of employment and denizens thereof, ensuring a seamless transition into the sanctum of full-time employment within the organizational edifice.
Termination
Exploring the nuances of terminating contracts during the probation period in the UAE sheds light on the complexities inherent in navigating this phase successfully.
- Contract Termination: Initiating contract termination during the probation period in UAE is permissible for both employers and employees. Nonetheless, it is vital to adhere to minimal notice periods throughout this phase.
- Resignation: Should an employee decide to withdraw from the contract during the probationary period, compensation may be warranted. Particularly, resigning to accept a new position within the UAE requires a more extensive notice period.
- Gratuity: Generally, eligibility for gratuity occurs after accomplishing one year of service with an organization. Also, specific notice periods are mentioned in their Employment Contract.
Employee rights
During the probation period in UAE, lasting up to six months, employees have rights and protections. Resigning may involve compensation, especially when transitioning to a new job within the UAE.
Employees must provide notice when leaving the country or changing jobs locally. If returning within three months for new employment, the new employer may owe compensation. Annual leave is not typically granted during probation. These regulations ensure fairness and clarity for both employees and employers during this evaluation phase.
Salary and benefits
Within the probation period in UAE, typically lasting 3-6 months, specific regulations govern salary and benefits, ensuring clarity and fairness for both parties involved:
- Salary: Employees are generally entitled to their agreed monthly compensation during probation. With full payment potentially commencing after this period as per mutual agreements.
- Sick Leave: While paid sick leave is typically not granted during probation, employees can discuss options for unpaid leave in case of emergencies.
- Gratuity: Eligibility for gratuity arises after completing one year of service post-probation, with potential compensation if departing during this phase.
These regulations aim to provide a structured framework for managing salary, benefits, and termination under a probation period in the UAE.
Performance evaluation
Embarking on the probation journey in the UAE, typically extending over 3-6 months, involves a thorough appraisal of an employee’s competency and compatibility with the assigned role. The Ministry of Labor oversees these proceedings, underscoring the significance of impartial assessment.
Employers possess the power to terminate contracts during probation, providing adequate notification. While employees retain the liberty to resign and pursue opportunities elsewhere within the nation under particular circumstances.
This systematic approach aims to foster a transparent and organized evaluation process for both employers and employees during the probationary period in the UAE.
Rights and Responsibilities During Probation in UAE
Embedded as a pivotal pillar within the recruitment labyrinth, the probationary phase in the UAE intricately delineates the divergent mandates and entitlements bestowed upon both employers and employees. Precisely composed under the aegis of the UAE Ministry of Human Resources and Emiratization (MOHRE).
In scenarios where employees falter in meeting stipulated criteria during probation, employers retain the prerogative to initiate contract termination. Conversely, successful completion of the probationary odyssey solidifies contractual obligations. Ushering employees into a realm replete with additional perks such as annual leave in UAE and gratuity.
For Employers
Obligations and Privileges of Employers:
- Engage employees on probation for a stipulated period of up to six months, crossing the delicate balance of assessment and commitment.
- Exercise the authority to terminate employees’ contracts within the probationary realm, subject to a stringent 14-day notice protocol.
- Extend financial recompense to departing employees during probationary periods devoid of alternative employment prospects. Embodying a nuanced interplay of fiscal responsibility.
For Employees
Entitlements and Expectations of Employees:
- Embrace the formal embrace of an employment offer through written correspondence. Heralding the commencement of probation within half a year post-acceptance.
- Articulate intentions to transition between firms amidst the probationary tenure, encapsulated within a meticulously crafted one-month written notification.
- Navigate the intricate terrain of financial reimbursement for recruitment or contracting costs upon embarking on job transitions during probation.
- Convey a meticulously crafted 14-day written notice to employers upon electing to depart from the UAE amidst the probationary epoch.
Termination Without Notice During Probation Period in UAE
In the realm of UAE labor regulations, terminations during the probationary phase, though allowable, are not abrupt actions but rather require a specified notice period.
Conversely, employees do not possess the authority to unilaterally end their contracts without a 30-day advance notice. If transitioning to a new job within the UAE. This structured framework ensures transparency and equity for both employers and employees throughout the probationary phase in the UAE.
Resignation During Probation Period in the UAE
Within the multifaceted tapestry of UAE employment law, the prospect of resignation during the probationary period presents itself. Though employees holding unrestricted contracts enjoy the latitude to tender their resignation. Those ensnared by restricted-tenure contracts must tread carefully, considering potential ramifications.
Individuals on unrestricted contracts are at liberty to submit their resignation during the probationary epoch. Nonetheless, employers may seek remuneration for the residual duration of the probationary period. Specifically, if the employee secures a new opportunity within the UAE.
On the flip side, employees on restricted-tenure contracts face unique predicaments upon tendering their resignation during the probationary period. Abandoning the contract prematurely could result in a one-year employment embargo, posing challenges for future pursuits within the UAE.
Communicative candor with superiors and human resources departments remains indispensable in maintaining cordial and collaborative exit strategies. Through diligent compliance with contractual obligations and comprehension of legal consequences. Employees can make informed decisions during this critical juncture.
Faith in the UAE’s labor legislation empowers both employers and employees to traverse the probationary period with lucidity and integrity.
See More: What Is Emergency Leave In UAE As Per Labour Law
Types of Employment Contracts in UAE
Some types of contracts serve as basic frames and are hidden away within the wide array of UAE employment sectors. defining the bounds of employee and employer cooperation.
Contracts in Public Sector Organizations:
- Full-Time Contract: Comprising full-time work with clearly defined wages and allowances. These contracts can be terminated via mutual consensus or by adhering to contractually specified notice periods.
- Part-Time Contract: Implemented for skilled workers, this contract permits simultaneous involvement in multiple part-time jobs. Without requiring approval from primary employers, contingent upon acquiring MoHRE permits.
- Temporary Contract: Facilitating brief-duration employment under specific conditions, governed by Cabinet Decision No. 13 of 2012 and Executive Rules for Decree under Law No. 11 of 2008.
- Special Contract: Formulated for appointing employees with exceptional expertise at elevated organizational positions. With a maximum duration of two years, renewable for another two years.
Appreciating these diversified contract types is vital for both employers and employees to navigate the UAE’s employment landscape efficiently.
Limited Contract
Limited contract in UAE is a fixed-term agreement commonly used for temporary or project-specific roles. These contracts have a defined start and end date, automatically ending unless renewed. Recent reforms have limited the maximum duration to two years, departing from the previous four-year limit.
Unlimited Contract
Unlimited contract in UAE signifies a flexible, open-ended agreement between an employer and an employee. Termination of these contracts necessitates mutual consent or adherence to a notice period ranging from 1 to 3 months.
Comprehending the nuances of unlimited contracts is vital for employers and employees to effectively manage employment relationships in the UAE.
Services Provided By RAAD Recruitment
Following are the services that raad provides in the UAE
Final Words
The probation period in UAE, lasting three to six months, is a critical phase for evaluating new hires before permanent employment. Employers assess performance rigorously, with the right to terminate if standards are not met. Understanding regulations is vital for compliance and successful workforce integration. Contact us to learn more.
