In the UAE, a probationary term is a requirement for all new hires. Depending on the company’s specified regulations, the probationary period’s length may range from three to six months. Here is all the information you need to know about the UAE probationary period if you want to apply for a job there.
What Do You Mean by Probation?
In the United Arab Emirates, a probationary term is used to evaluate an employee’s performance before appointing them to a permanent position. The employee goes through a rigorous review and performance screening while on probation. If the candidate is found to be qualified for the specific role, the business will recruit them as a permanent employee when the evaluation is complete.
Rules and regulations under the work law of the United Arab Emirates:
At the conclusion of the employment probationary term, employee performance is assessed.The UAE Ministry of Labor has developed several regulations for the country’s employees’ probationary term.
- The UAE’s Maximum Employment Probation Period
The maximum probationary term for any employee should be three to six months, in accordance with UAE labour regulations. Article No. 37 of the Federal Labor Law No. 8 of 1980 provides a thorough description of the probationary period’s length.
According to the provisions in the Article 37, employment probation that lasts longer than six months shall be deemed illegal. In this situation, the employer may be entitled to compensation or will be held liable by the corporation.
- Probationary Period Termination Without Notice
During the employee’s probation, the company may discharge them. Under Article 120 of the UAE Labour Law, an employee’s employment during a probationary period may be terminated. According to this law, the employer has the authority to fire an employee whose performance falls short of the performance benchmarks. A probationary worker on a limited-term contract may also be let go by the employer before the contract’s expiration date.
Only if the probation period does not go above the maximum of 6 months is the employer permitted to fire an underperforming employee with one day’s notice. Severance pay and other compensation and benefits are not due to an employee who was fired before completing the required probationary period under the Federal Labour Law.
The probationary worker is exempt from paying the employer’s visa expenses after being fired. The UAE Labour Law prohibits employers from requesting repayment from workers for their travel-related costs.
- The Right to Resume Employment
The employee is allowed to resign at any time under probation in the UAE with one day’s notice. Before submitting a resignation during the UAE probation term, employees interested in working in any of the emirates must thoroughly review the contract.
- Absence of Right to Sick Leaves
In the UAE, a probationary employee is not entitled to a paid sick day. In the event that an employee on probation has to take some time off, they must address the issue with their employer.
- A Right to Gratuity
Upon completion of their performance review, an employee is eligible to receive a gratuity.
An employee in the UAE through a probationary term is not eligible for any gratuity payments, in accordance with the laws and regulations of the UAE Labour Law.
An employee is eligible to get their entire gratuity if they successfully complete their probationary period and stay with the same employer for another year. To acquire a comprehensive understanding of the laws and guidelines governing gratuity payments, you may also look at the DIFC gratuity legislation in the UAE.
- No Probation Period Extension
If the employee maintains the company’s performance criteria, the probation term cannot be extended. In a similar vein, an employer is not permitted to place an employee on probation twice inside the same organization.
If you have any trouble with your employer or having trouble with your employee, you can consult attorneys at Sara Advocates and Legal Consultants. Our lawyers will guide you thoroughly on your case and tilt it in your favor.
Read also: Termination without Notice & Suspension in The New Law
