Every employee has to go through a mandatory probation period in any organization in UAE. The probation period may vary from three months to six months on the basis of organizational policy. If any individual is looking to pursue their career in UAE it is necessary for them to understand the Probation Period in UAE.
Probation period in UAE
The major idea behind the probation period in UAE is to assess the performance of employees in the first few months. It was made mandatory to check whether the employee is right fit for the job or not. During the period of probation employee undergoes under screening and performance evaluation
After the probation period ends the employer will hire the employee as a permanent employee if the individual is right fit for the job position. Otherwise the employer can also terminate the employee if he is not right for the organization.
Probation period rules under UAE Labour Law
There are some predefined rules and regulations regarding the probation period for employees in the UAE.
Here is the list of rules that are mandatory to be followed in organizations in UAE:
1. Maximum Probation Period in the UAE
According to the Article 9 (1) of UAE Labour Law regarding employment relationship:
“ The employer or organizations in UAE can set a maximum probation period of 6 months from the commencement for an employee”
If the probation period of an employee exceeds six months it will be considered as unlawful employment practice and the company might need to pay compensation to that employee.
2. Contract Termination
Termination of an employee in the probation period falls under Article 9 (1) of the UAE Labour Law. The employer has the right to terminate the employment contract in a limited contract in UAE after notifying the employee in writing at least 14 days before the specified date of the termination.
If an employee terminates the employee without prior notice or information the employer has to compensate the employee for an equal amount of wage for the remaining period.
3. Employee’s right to resign and move to other company within state
According to Article 9 (3) of the UAE Labour Law regarding the regulation of employment relationships in UAE, if the employee is working with another employer during the probationary period they have to notify the existing employer within a month to terminate the contract.
If the employee does so the new company has to pay compensation to the existing employee by bearing the cost of recruitment.
If a foreign worker wishes to resign in UAE during the probation period, he will have to inform the employer 14 days prior.
4. No Sick Leave Employment
According to Article 31 (2) of UAE Labour Law regarding the regulation of employment relationships, the employee is not provided any kind of sick leave during probation period in any organization in UAE. However, the employer may grant an unpaid leave to the employee based on the report of the verified medical center.
5. Entitlement to Gratuity
According to the UAE Labour Law rules and regulations, an employee who is serving a notice period in UAE is not entitled to any kind of gratuity payment.
If the employee completes the probationary period and joins as permanent employee that employee is eligible for a gratuity amount. For further details you can refer to the UAE Labour Law.
6. No Extension in Probation Period
The extension of probationary period is illegal in UAE especially if the employee is fit on performance standards of the organization. Similarly it is not legal to put the same employee on probation for the second time in the same organization according to the Article 9 (2) of the UAE Labour Law
If the employee passes the probation period that employee will be turned into a permanent employee and the compensation and benefits will be managed as per the employment contract.
FAQs (Frequently Asked Questions)
In workplace, probation period is that time period when the performance of an employee is evaluated and it is checked whether employee is right fit or not.
Before leaving the job in probation period in UAE an employee has to inform the employer 14 days in advance.
The duration of notice period in the UAE varies from three months to a maximum of six months.
Either the probation period of an employee is confirmed after the probation period or the employee may be terminated if he is not right fit for the organization.