Every employee has to go through a mandatory probation period in any organization in a country. A probation period is a trial period in which the company examines an employee’s performance. The probation period may vary from three months to six months on the basis of organizational policy. If anyone wants to pursue their career in UAE then it is necessary to understand the Probation Period in UAE.
Probation period in UAE
The idea behind the probation period in UAE is to assess the performance of employees in the first few months. Moreover, they made it mandatory to check whether the employee is the right fit for the job. Furthermore, during the period of probation employee undergoes under screening and performance evaluation
After probation period, 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.
It is mandatory to follow the rules in organization in UAE :
1. Maximum Probation Period in UAE
According to the Article 9 (1) of UAE labor law regarding employment relationship:
The organizations in UAE can set a maximum probation period of 6 months.
If a company extends an employee’s probation period beyond six months, it will commit an unlawful employment practice and might have to pay compensation to the 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 UAE after notifying the employee in writing at least 14 days before the specified date of the termination.
If an employee terminates their contract without prior notice or information, the employer must compensate them with an amount equal to their wages.
3. Employee’s right to resign and move to other company within state
According to Article 9 (3) of the UAE Labor Law, if an employee is working with another employer during the probationary period, they must notify their current employer.
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 Labor Law, the employee can’t take sick leave during probation period in any organization. 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, the company does not owe any gratuity payment to an employee who is serving a notice period in the UAE.
Moreover, 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
If the employee is fit on performance standards then the extension of probationary period is illegal in UAE. Similarly it is not legal to put the same employee on probation for the second time, according to the Article (2) of the UAE Labour Law.
If the employee passes the probation then he will be turned into a permanent employee and benefits will be managed as per the employment contract.
FAQs (Frequently Asked Questions)
Probation period is that time period when the employee’s performance is checked and evaluated.
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.
