Compliance Guides

    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.

    Published: December 1, 2024
    Updated: December 19, 2024
    10 min read
    8 topics covered

    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.

    AspectDetails
    Legal BasisArticle 9, Federal Decree-Law No. 33/2021
    Maximum Duration6 months (cannot be extended)
    Employer Notice14 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

    RequirementDetails
    Notice Period14 days written notice
    Reason RequiredNo - can terminate for any reason
    DocumentationWritten notice recommended
    Effective Date14 days after notice delivery

    Key Change: The 2021 law increased employer notice from 1 day to 14 days.

    Termination by Employee (Leaving UAE)

    RequirementDetails
    Notice Period14 days written notice
    ConditionMust leave UAE after resignation
    Re-entry RuleIf returns within 3 months, new employer compensates old employer

    Termination by Employee (Changing Jobs in UAE)

    RequirementDetails
    Notice Period30 days (minimum 1 month) written notice
    New Employer ObligationMust compensate current employer for recruitment costs
    UnlessOtherwise 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 served

    Example: 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

    AspectOld LawNew Law (2021)
    Employer notice1 day14 days
    Employee notice (leaving UAE)1 day14 days
    Employee notice (changing jobs)None specified30 days
    Recruitment cost compensationNot specifiedNew employer must compensate

    Employee Rights During Probation

    Entitled To

    RightStatus
    Basic wageYes - as per contract
    Working hours protectionYes - max 8 hours/day
    Overtime compensationYes - if overtime worked
    Weekly rest dayYes - minimum 1 day
    Workplace safetyYes - full protection
    Anti-discrimination protectionYes - full protection
    Annual leave accrualYes - accrues from day 1

    Not Entitled To (or Limited)

    RightStatus
    Paid sick leaveNo - only unpaid sick leave
    End of service gratuityOnly if continues past probation and completes 1 year total
    Full termination protectionLimited - 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

    1. Evaluation: Employer assesses employee performance
    2. Decision: Confirm, extend role, or terminate
    3. Communication: Written confirmation recommended
    4. 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

    TimingNotice Required
    During probation14 days
    On last day of probation14 days (extends past probation end)
    After probation endsFull contractual notice (30-90 days)

    Best Practice: Make termination decision before probation ends to avoid extended notice obligations.

    Employer Best Practices

    During Probation

    1. Document performance: Keep records of feedback and issues
    2. Provide feedback: Regular check-ins with employee
    3. Set expectations: Clear goals and metrics
    4. Prepare early: Decide before probation ends

    For Termination

    1. Give proper notice: Always 14 days written
    2. Document reasons: Even though not legally required
    3. Process settlement promptly: Within 14 days
    4. 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.

    Was this guide helpful?

    NeuralHR Team

    Verified

    UAE 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.

    Related Guides

    UAE Probation Period Rules: Complete Employer Guide | NeuralHR