Starting a new job can be quite exciting, but it also comes with a period of adjustment for both the employee and the employer. In the UAE, this adjustment period is known as the probation period. 

Many employees have the false belief that they have no rights during probation, while some employers assume they can terminate employment without recourse to any rules. In reality, UAE labour law has laid down clear guidelines on what employers and employees can and cannot do during this period. 

If you are starting a new job or hiring staff in the UAE, understanding the rules surrounding probation can help you avoid misunderstandings and legal disputes. 

What is a probation period? 

A probation period is simply a trial period at the beginning of an employee’s employment. It allows the employer to assess whether the employee is suitable for the role, while also giving the employee the chance to decide whether the job meets their expectations. 

During this time, both parties can evaluate whether they want to further the employment relationship. 

Under the UAE Labour Law, the probation period cannot exceed six months. Once an employee successfully completes probation and continues working, the probation period becomes part of their continuous service. 

An employee cannot be placed on probation more than once by the same employer for the same job. 

Do employees have rights during probation? 

Yes. One of the biggest misconceptions is that employees have no legal protection during probation. 

Although some employment benefits may differ from those available after probation, employees are still protected by the UAE Labour Law and their employment contract. 

During probation, employees are entitled to: 

• Receive their agreed salary on time. 
• Work in a safe and healthy environment. 
• Be treated fairly and respectfully. 
• Receive any benefits stated in their employment contract. 
• Work under the agreed terms and conditions of employment. 

Employers are also expected to comply with all legal obligations relating to wages, working hours, health and safety, and employee welfare. 

Ending Employment During Probation 

Both the employer and the employee have the right to terminate the employment relationship during the probation period, provided they follow the notice requirements set out in the law. 

If the employer decides to terminate the employee, they must give at least 14 days’ written notice. 

If the employee intends to leave the UAE, they must also provide at least 14 days’ written notice before resigning. 

However, if the employee plans to leave their current employer and join another company within the UAE, they are generally required to give 30 days’ written notice. In these cases, the new employer may be responsible for reimbursing the previous employer for recruitment or hiring costs, unless all parties agree otherwise. 

What Happens If the Notice Period Is Not Served? 

Employees should always comply with the required notice period before leaving their job. 

The UAE Labour Law stipulates, an employee who leaves the UAE during probation without serving the employer within the required notice period may be restricted from obtaining a new UAE work permit for one year from the date they leave the country. 

Annual Leave During Probation 

Employees continue to accrue annual leave while on probation. However, taking annual leave during this period is usually subject to the employer’s approval. 

Depending on the company’s policy and operational needs, an employer may approve or refuse leave requests made before probation has been successfully completed. 

Sick Leave During Probation 

Employees are generally not entitled to paid sick leave while serving their probation period. 

That said, some employers choose to offer unpaid leave or limited sick leave as part of their internal policies. These policies may require employees to provide a medical certificate before any sick leave is approved. 

Employees should check their employment contract or company handbook to understand their employer’s specific policy. 

End-of-Service Gratuity 

End-of-service gratuity is generally payable only after an employee has completed at least one year of continuous service with the employer. 

If an employee resigns during the probation period, they will normally receive payment for all salary earned up to their last working day, including any applicable notice period. They may also be paid for any accrued but unused annual leave, where applicable, in accordance with the employment contract and UAE Labour Law. 

Tips for employers 

If you employ staff in the UAE, consider the following best practices: 

• Clearly explain probation terms before employment begins. 
• Include probation conditions in the employment contract. 
• Monitor employee performance throughout the probation period. 
• Provide regular feedback and support. 
• Follow the correct notice requirements if employment is ending. 

A transparent approach helps create trust and reduces the risk of employment disputes. 

Tips for employees 

If you are starting a new role in the UAE: 

• Read your employment contract carefully before signing. 
• Understand the length of your probation period. 
• Ask questions if anything is unclear. 
• Keep records of important employment documents. 
• Follow company policies and perform your duties professionally. 
• Seek legal advice if you believe your rights have been breached. 

Being informed can help you avoid unnecessary problems and protect your interests. 

Conclusion 

The probation period is an important stage of every employment relationship. It gives both employers and employees the opportunity to decide whether the role is the right fit, while still providing important legal protections for both parties. 

For more information and guidance, Contact us today