Probation period cannot be extended beyond six months

A reader from Dubai asks: I have been working in a company since May 2014. Seven months ago, my manager told me that he wanted to extend my probation till March 2015 because the company wanted me to do a training course. I was told that I needed to pass a test after the course. My probation would be considered complete only after I got my training completion certificate. My probation period would be extended if I failed the test. I understand that the probation period cannot exceed six months as per UAE labour law. Does the company have the right to extend the probation period? Can I file a complaint with the Ministry of Labour? How much money will I have to spend if the case is referred to a labour court?

According to article No 37 of the UAE labour law which states the following: “A worker may be engaged on probation for a period not exceeding six months, during which his service may be terminated by the employer without notice or severance pay; provided that a worker shall not be engaged on probation more than once in the service of any one employer. Where a worker successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service.”

Therefore, as per this article the employer may not increase the period of probation more than six months and also may not repeat this period for the same employee for the second time. The labour law wants to protect the employees’ rights because the employer in the said period has the right to dispense the employee without end-of-service gratuity. Therefore, the questioner may file a complaint before the Ministry of Labour in this regard. The Ministry will consider the said complaint and pass the appropriate decision, otherwise the dispute will be referred to the competent court if the parties request the same.

In case there is no amiable settlement. Finally, all UAE labour courts do not ask the employee to pay any courts fee if it’s a labour case.

Contract termination

A reader from Dubai asks: I currently work as a real estate manager in a company in Dubai. My questions relate to if the employer decides to terminate my contract within the six-month probation period: 1. In this case does my company need to provide me with a notice before terminating my labour contract? 2. Is my company obliged to pay for the air ticket back to my home country? 3. I paid the deposit on an apartment but the lease is in the company’s name. Am I entitled to reclaim back the deposit? 4. I was also provided with a furnishing allowance, which has been used to furnish the apartment, do these belong to the company? 5. My current employment permit / card have not been fully processed due to a pending medical, if the employment card is not processed. Do I hold any responsibility? Please advice.

I would like to tell the questioner that as per the UAE Labour Law Federal Law No (8) of 1980 Article 37 which indicates that the employer has the right during the probation period to terminate the employee labour contract without giving him a notice. As for the air ticket the employer shall provide the employee with ticket to his homeland if he canceled and decided to go back to his home country. As for the insurance paid by the questioner for the accommodation as well as furniture, this matter is related to the entitlements mentioned in the employment contract, or to be prove by the questioner by all methods of proof that those entitlements are allowances given to the questioner. As for the company’s delay in issuing a work card for the employee, it is considered a violation under the Labour Law and the Ministry in this case will impose a fine on the company in this regard and the employee in this case is not holding any responsibility.

Questions answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.

— Compiled by Bassam Za’za’, Legal and Court Correspondent