Ask Gulf News: Can my employer extend my probation period after it has already expired?

Question: I have been working for a company for 4 months and 1 week. According to my employment contract, my probationary period was 3 months, and it has already expired without any notice from the company. The company has recently changed its management, and I have now been informed that they want to extend my probationary period for another 2 months. Do they have the right to do that? Please advise. 

Answer: They do not have the right to renew your probation period, because according to Article 9/2 of the Federal Decree labor law, it is not permissible to appoint a worker under probationary period more than once at one employer. Once the employee successfully completes the probationary period and continues working without termination, the employment contract becomes fully effective under its agreed terms. Since your 3-month probation period expired 1 month and 1 week ago and you have continued working, your employment is no longer subject to probation and if the company wishes now to terminate your employment, it must comply with the applicable notice period and any other contractual and legal obligations, and cannot treat you as an employee still under probation. 

Changing the management does not permit the company to impose a new probationary period as your contract is with the company itself not with its management.

The above- mentioned Article (9) states that (It is not permissible to appoint a worker under probationary period more than once at one employer, and if the worker successfully passes the probationary period and continues to work, the contract shall become valid according to the agreed terms. This period shall be counted within the term of service.)