Ask Gulf News: 7 key rules and employee rights during probation period in the UAE

Notice periods, sick leave, annual leave, and termination rules under UAE Labour Law

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Dubai: Starting a new job is an exciting step in your career, but it can also bring uncertainty. What if the company culture doesn’t suit you? What happens if your performance falls short?

In the UAE, your first few months at a new role are usually considered a probation period, a time when your employer assesses your performance and you familiarise yourself with your duties. However, even during probation, you have specific rights and responsibilities under the UAE’s Labour Law (Federal Decree Law No. 33 of 2021). Here’s what you need to know:

1. Probation cannot exceed six months

Your probation period can last up to six months, but it cannot be extended beyond this. Once you complete probation, it counts towards your total service period, affecting your entitlement to annual leave and end-of-service gratuity.

2. Sick leave is still available

Even under probation, you are entitled to sick leave. However, this leave is unpaid, so while you can take time off due to illness, you won’t receive a salary for those days.

3. Annual leave may be possible

You may request annual leave during probation, but your employer has the discretion to approve or decline it, as outlined in Article 29(3) of the Labour Law.

4. Notice if terminated

If your employer decides to end your contract during probation, they must provide a written 14-day notice. This is a legal requirement under Article 9(1) of the Labour Law.

5. Notice if resigning

If you resign to join another UAE company, you must give one month’s written notice. If leaving the UAE, the notice period is 14 days. In some cases, your new employer may need to cover your previous recruitment costs, unless agreed otherwise.

6. Consequences of not serving notice

Failing to comply with notice requirements may result in a one-year labour ban from working in the UAE. Exceptions include family-sponsored residents, Golden Visa holders, certain skilled professionals, and other categories determined by the Ministry of Human Resources and Emiratisation.

7. Probation resignation may incur costs

If you resign during probation, your contract may require you or your new employer to cover the recruitment or contracting costs, unless an alternative agreement exists.

Understanding your probation rights helps you navigate your new job with confidence, ensuring you meet your responsibilities while protecting your entitlements under UAE law.

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