Probation period in the UAE

What is a probation period?

For anyone who’s been to the labor market or wanted to join any company or organization, the word “probation” will ring a bell. In the field of labor, probation period is the initial stipulated period of work by a new employee that determines if he will continue working or not.

The probation period may vary between 3 and 6 months but it simply depends on what is specified in the employment contract. During this period, the employer or a representative can serve as a watchdog over your productivity to ascertain whether you will continue working after the probation period elapses or not.

On the other hand, the employee also reserves the right to determine if the work environment is good to continue working as a permanent staff or not. So the probation period is literally the screening time when there’s a new worker.

For anyone setting up a business in the UAE, probation rules matter because they directly affect how you hire staff, manage onboarding, and handle key formalities such as work authorisations, residence visa processing, and payroll obligations during the first months of employment.

UAE labor law probation rules and regulations

Below are the references from the UAE Labor Law with regards to the probation period in the UAE:

Residence visa provision

An employer must arrange the required MOHRE work permit and proceed with UAE residence formalities for any new employee, including during the probation period. In the UAE private sector, a person should not work without the proper work authorisation in place.

Probation period: 

The stipulated duration of probation according to the UAE Labor Law (Federal Decree-Law No. 33 of 2021, Article 9) is 6 months after which a new employee will be converted to permanent staff if both parties decide to continue employment.

End of service benefits

An employee who hasn’t served up for at least 1 year is not entitled to an end of service benefits. This also applies if the contract got terminated within the probation period.

Reimbursement of visa processing fee

According to the UAE Labor Law, it's illegal for employers to demand for a repayment of visa application fees when terminating the employee’s contract. In general, employers must not charge employees recruitment or employment-related costs.

Termination of contract during the probation period 

According to the UAE Federal Law (Federal Decree-Law No. 33 of 2021, Article 9), the employer has the right to terminate an employment contract during probation by giving the employee a written notice of at least 14 days. This also applies in a case where the employee goes against the company policy or as stipulated in the Labor Law.

30 days notice period 

Any of the both parties is free to cancel the employment contract during the probation period but the notice rules are different from the standard notice period. In general: the employer must give at least 14 days’ written notice; if the employee is leaving to join another employer in the UAE, the employee must give at least 1 month written notice; and if the employee is leaving the UAE, the employee must give at least 14 days’ written notice.

Entitlement to sick leave

During probation, the employee is not entitled to paid sick leave. However, the employer may grant sick leave as unpaid if supported by a medical report, depending on internal policy and practical arrangements. Usually, sick leaves take effect after serving the probation period but when the need arises before completing the probation, you can still take it. 

In most cases the total duration taken as sick leave during probation is considered unpaid. It’s advisable to review the employment contract to know the company’s terms and conditions with regards to sick leave during the probation period.

Resignation during probation

If an employee feels it’s better to quit during the probation period for any suitable reasons, the request will be granted, but the employee will not be entitled to an end of service benefits. If the employee resigns to move to another employer in the UAE during probation, the law requires at least 1 month written notice, and the new employer generally compensates the current employer for recruitment/employment costs unless agreed otherwise. If the employee resigns to leave the UAE during probation, at least 14 days’ written notice applies. Depending on the company’s policy, some employers may request for the cost of visa application but employers should not charge employees recruitment or employment-related costs under UAE labour rules.

Extension of probation period

The probation period should not exceed 6 months. It can be less than 6 months but shouldn’t be more than that. This is according to the UAE Federal Law Article no. 37, while suggesting that 6 months seem enough to make any evaluation with regard to retaining an employee.

Salary during probation

An employee’s salary may not come complete till the probation period is over. In practice, salary must be paid as agreed in the employment contract, and probation does not cancel the employer’s wage obligations. Any probation-related terms should be clearly stated in the contract. The amount of earnings during the probation period depends on the agreement between the employer and the employee or as stated in the labor contract.