UAE Probation Period Rules: Complete Employer Guide
Comprehensive guide to UAE probation period rules, notice requirements, termination during probation, and employee rights under Federal Decree-Law No. 33 of 2021.
Quick Summary: Comprehensive guide to UAE probation period rules, notice requirements, termination during probation, and employee rights under Federal Decree-Law No. 33 of 2021.
The probation period is a trial period at the start of employment during which both employer and employee can assess suitability. It is governed by Article 9 of Federal Decree-Law No. 33 of 2021.
The 2021 law introduced significant changes to probation rules, including increased notice periods. This guide explains current requirements according to MOHRE regulations.
| Aspect | Details |
|---|---|
| Legal Basis | Article 9, Federal Decree-Law No. 33/2021 |
| Maximum Duration | 6 months (cannot be extended) |
| Employer Notice | 14 days written notice |
| Employee Notice (Leaving UAE) | 14 days written notice |
| Employee Notice (Job Change) | 30 days written notice |
Probation Duration Rules
Maximum Length
- Maximum: 6 months from date of commencement
- Cannot be extended beyond 6 months
- Cannot be renewed with same employer
- Must be specified in employment contract
Illegal Practices
The following are not permitted:
- Probation longer than 6 months
- Extending probation beyond initial period
- Multiple probation periods with same employer
- Probation without written contract specification
Warning: Any attempt to extend probation beyond 6 months is void under UAE law and the employee is considered confirmed automatically.
Termination During Probation
Termination by Employer
| Requirement | Details |
|---|---|
| Notice Period | 14 days written notice |
| Reason Required | No - can terminate for any reason |
| Documentation | Written notice recommended |
| Effective Date | 14 days after notice delivery |
Key Change: The 2021 law increased employer notice from 1 day to 14 days.
Termination by Employee (Leaving UAE)
| Requirement | Details |
|---|---|
| Notice Period | 14 days written notice |
| Condition | Must leave UAE after resignation |
| Re-entry Rule | If returns within 3 months, new employer compensates old employer |
Termination by Employee (Changing Jobs in UAE)
| Requirement | Details |
|---|---|
| Notice Period | 30 days (minimum 1 month) written notice |
| New Employer Obligation | Must compensate current employer for recruitment costs |
| Unless | Otherwise agreed between current employer and employee |
Notice Period Requirements
Compensation for Non-Compliance
If either party terminates without proper notice:
Compensation = Employee's wage for notice period not servedExample: Employee leaves without giving 14-day notice
- Daily wage: AED 500
- Compensation owed: AED 500 x 14 = AED 7,000
Recruitment Cost Compensation
When employee changes jobs within UAE during probation:
- New employer compensates previous employer
- Covers recruitment costs incurred
- Amount based on actual documented costs
- Unless waived by agreement
2021 Law Changes
| Aspect | Old Law | New Law (2021) |
|---|---|---|
| Employer notice | 1 day | 14 days |
| Employee notice (leaving UAE) | 1 day | 14 days |
| Employee notice (changing jobs) | None specified | 30 days |
| Recruitment cost compensation | Not specified | New employer must compensate |
Employee Rights During Probation
Entitled To
| Right | Status |
|---|---|
| Basic wage | Yes - as per contract |
| Working hours protection | Yes - max 8 hours/day |
| Overtime compensation | Yes - if overtime worked |
| Weekly rest day | Yes - minimum 1 day |
| Workplace safety | Yes - full protection |
| Anti-discrimination protection | Yes - full protection |
| Annual leave accrual | Yes - accrues from day 1 |
Not Entitled To (or Limited)
| Right | Status |
|---|---|
| Paid sick leave | No - only unpaid sick leave |
| End of service gratuity | Only if continues past probation and completes 1 year total |
| Full termination protection | Limited - can be terminated without cause |
Sick Leave During Probation
Current Rule
Employees are not entitled to paid sick leave during probation period.
What Employer May Offer
- Unpaid sick leave (at employer's discretion)
- Must be based on medical report from authorized facility
- Employer can grant paid sick leave voluntarily
Documentation Required
If sick during probation:
- Obtain medical certificate
- Inform employer within 3 days
- Leave may be unpaid unless employer agrees otherwise
Annual Leave During Probation
- Annual leave begins accruing from day one
- Generally not taken during probation
- Employer may grant leave at discretion
- Accrued leave carries forward if employment continues
Confirmation After Probation
Confirmation Process
- Evaluation: Employer assesses employee performance
- Decision: Confirm, extend role, or terminate
- Communication: Written confirmation recommended
- Effective date: Day after probation ends
If No Communication
If employer takes no action at end of probation:
- Employee is deemed confirmed
- Full employment rights apply
- Notice period as per contract (30-90 days)
Termination at End of Probation
| Timing | Notice Required |
|---|---|
| During probation | 14 days |
| On last day of probation | 14 days (extends past probation end) |
| After probation ends | Full contractual notice (30-90 days) |
Best Practice: Make termination decision before probation ends to avoid extended notice obligations.
Employer Best Practices
During Probation
- Document performance: Keep records of feedback and issues
- Provide feedback: Regular check-ins with employee
- Set expectations: Clear goals and metrics
- Prepare early: Decide before probation ends
For Termination
- Give proper notice: Always 14 days written
- Document reasons: Even though not legally required
- Process settlement promptly: Within 14 days
- Assist with visa: Ensure proper cancellation
Contract Clause Example
The Employee shall be on probation for a period of six (6) months
commencing from [Start Date]. During this period, either party may
terminate this contract by providing fourteen (14) days written notice,
or thirty (30) days written notice if the Employee intends to join
another employer in the UAE.Frequently Asked Questions
Track Probation Periods Automatically
NeuralHR sends automatic reminders before probation ends and tracks all employee milestones.
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NeuralHR Team
VerifiedUAE HR Compliance Experts
Our team of HR professionals and legal experts specializes in UAE labor law compliance, with extensive experience helping businesses navigate MOHRE regulations, Emiratisation requirements, and workforce management in the UAE and GCC region.
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