The topic of the probation period in UAE workplaces often raises fundamental questions from both employers and employees: Is it permissible to terminate employment during this period without obligations? What is the required notice period? Does the employee retain all their rights? The UAE legislator has organized this phase with precise provisions outlined in Federal Decree-Law No. (33) of 2021 regarding the regulation of labor relations and its amendments, as well as the executive regulations issued by Cabinet Decision No. (1) of 2022, which are provisions that cannot be violated or waived by agreement.
What are the rights of the worker and employer during the probation period in the UAE?
First: The legislative framework governing the probation period
The probation period in the private sector of the UAE is subject to a comprehensive legislative system consisting of the basic law and its amendments and its executive regulations:
The basic law
Federal Decree-Law No. (33) of 2021 regarding the regulation of labor relations — the main reference law for regulating the employment relationship in the private sector
Amendment 2023
Federal Decree-Law No. (20) of 2023 amending some provisions of the labor law
Amendment 2024
Federal Decree-Law No. (9) of 2024 — introduced amendments to labor disputes and penalties
The executive regulations
Cabinet Decision No. (1) of 2022 — the executive regulations for Decree No. (33) of 2021
Second: What is the probation period and what is its legal duration?
The probation period is a specified duration agreed upon by both parties of the employment relationship when signing the employment contract, allowing the employer to assess the employee's competence and suitability for the job, while also enabling the employee to evaluate the work environment and its alignment with their professional aspirations.
The maximum duration of the probation period is set atsix months.The maximum trial period issix monthsIt cannot be exceeded, although an agreement on a shorter duration is permissible. If the employee continues to work after the trial period ends without termination from either party, the contract is considered ongoing under its original terms. The trial period is also counted as part of the employee's total service duration.
ℹ Is a trial period automatically assumed?
No. The trial period is not a general rule that automatically applies to all employment relationships; rather, it is a specific legal system that requires an explicit provision in the employment contract or approved contractual documents. Therefore, its absence from the contract means that its specific provisions do not apply, and the employment relationship is subject to the general rules stipulated in Decree No. (33) of 2021.
Third: Termination of service during the trial period — procedures and notice periods
PermittedM. 33/2021 — Article 9Both parties may terminate the employment relationship during the trial period, provided they adhere to the legally prescribed notice periods, which vary depending on the terminating party and the circumstances of the termination:
Termination by the employer
14 days
The notice period required before terminating the employee's service during the trial period
Employee resignation to move to another employer
One day
The notice period if the employee is moving to another employer within the country
Employee resignation to leave the country
30 days
The notice period if the employee intends to leave the country permanently
⚠ Important notice: Violation of notice periods
If either party terminates the employment relationship without adhering to the notice period, they are obligated to pay compensation to the other party equivalent to the employee's salary for the notice period or the remaining part of it. Furthermore, an employee who leaves work without complying with the legal notice may be denied a new work permit in some cases as determined by the relevant authorities.
Fourth: Employee rights during the trial period
Contrary to what some may believe, the worker does not lose their legal rights during the probation period; the employment relationship exists and produces all its legal effects from the first day. It has been guaranteedLaw No. 33/2021a set of rights for the worker during this stage, the most notable of which are:
Full wage entitlement
The worker is entitled to the agreed-upon wage in the employment contract from the first day, and it cannot be reduced or postponed on the grounds that they are in the probation period.
Full legal protection
The worker remains covered by all provisions of labor law and its amendments during the probation period without exception.
Safe and healthy work environment
The employer is obligated to provide a safe and healthy work environment according to applicable legislation, regardless of whether the worker is in a probation period.
Counting the period as part of service
The probation period is fully counted as part of the worker's total service duration if the employment relationship continues after its end.
Established labor rights
The worker is entitled to all rights established by law and contract, such as vacations, insurance, and others, according to the conditions of each case.
Right to terminate the employment relationship
The worker has the right to terminate the employment contract during the probation period according to the legally prescribed notice periods for each case.
Fifth: Legal issues specific to the probation period
Is it permissible to subject the worker to a probation period more than once?
It is not permissible to subject the worker to a new probation period with the same employer in the same position after passing the first probation period and continuing the employment relationship. This provision aims to achieve job stability and prevent the abuse of the probation system.Law No. 33/2021 — Article 9
Is it permissible to extend the probation period?
It is permissible to agree on extending the probation period provided that the total duration of the original period and the additional periods does not exceed six months in all cases. If the parties agree on three months, for example, it can be extended by no more than an additional three months.
Does the termination of the contract differ when there is a probation period compared to when there isn't?
Yes, the difference is substantial. When a probation period is stipulated in the contract, the specific provisions and notice periods applicable to it are enforced. However, if the employment relationship does not include a condition regarding the probation period, the termination of the contract is subject to the general provisions outlined in Decree No. (33) of 2021 and its amendments, including various procedures, notifications, and entitlements.
ℹ Termination of service due to incompetence in the absence of a probation period
Discovering the employee's lack of skills or unsuitability for the job after hiring does not allow the employer to apply the provisions of the probation period if it was not specified in the contract. In this case, the employer has the right to terminate the contract according to the general rules, adhering to all legal procedures including notifications and end-of-service entitlements.
Frequently Asked Questions: Probation Period in UAE Labor Law
What is the maximum probation period in the UAE?
Federal Decree-Law No. (33) of 2021 sets the maximum probation period at six months, which cannot be exceeded, although a shorter duration can be agreed upon. Any condition that includes a probation period longer than six months is considered illegal and non-binding.
Is it required to specify a probation period in the employment contract?
Yes. The probation period is not automatically assumed upon the employee starting work; it must be explicitly and clearly agreed upon in the employment contract or the contractual documents approved by both parties. If the contract lacks this condition, the specific probation provisions are null, and the relationship is governed by general rules.
What is the notice period an employer must give before terminating an employee's service during the probation period?
The employer is obliged to notify the employee fourteen (14) days before the termination of service during the probation period in accordance with the provisions of Decree No. (33) of 2021. If the service is terminated without adhering to this period, the employer must compensate the employee with an amount equivalent to their salary for the notice period or the remaining part of it.
What are the procedures for an employee's resignation during the probation period?
The notice period for an employee wishing to resign during the probation period varies based on their destination: if they are transferring to another employer within the country, one day's notice is sufficient, while if they intend to leave the country permanently, they must provide thirty (30) days' notice, all in accordance with the provisions of Decree No. (33) of 2021.
Is the employee entitled to compensation if their service is terminated during the probation period without notice?
Yes, the employee is entitled to compensation equivalent to their salary for the legal notice period or the remaining part of it if their service is terminated without adhering to the stipulated notice period. The employer cannot terminate immediately without a legal justification that allows dismissal without notice.
Does the employer have the right to apply probation provisions to an employee whose probation was not stated in the contract?
No. The provisions related to the probation period can only be applied if explicitly agreed upon in the employment contract. Merely discovering the employer that the employee is incompetent after hiring does not allow them to retroactively consider the employee under probation; rather, the termination is subject to general rules with its full obligations.
Can the probation period be extended?
Yes, it is permissible to agree on extending the probation period, provided that the total duration of the original period and any subsequent extension does not exceed six months in all cases. For example, if the probation started with three months, it can be extended by no more than an additional three months.
Is the probation period counted as part of the service duration?
Yes, the probation period is counted as part of the total service duration of the worker if the employment relationship continues after its conclusion. This means it is taken into account when calculating end-of-service benefits and other rights related to the duration of service.
Is it permissible to subject the worker to a second probation period with the same employer?
It is not permissible to subject the worker to a new probation period with the same employer in the same position after passing the first period and the continuation of the employment relationship. However, the probation may be accepted if the worker is transferred to a substantially different position, depending on the circumstances of each case.
What are the main amendments introduced by Decree No. (9) of 2024 to the Labor Law?
The Federal Decree Law No. (9) of 2024 introduced amendments to the provisions of labor disputes and the penalties stipulated in the Labor Law. These amendments include enhancing mechanisms for resolving disputes and tightening penalties in certain cases. It is advisable to consult a legal specialist to learn about the details of these amendments and their implications on existing employment contracts.
Specialized legal consultation
Are you facinga dispute related to the probation period or termination of service in an employment contract?
At Awad Al-Muhairi Law Firm and Legal Consultations, we provide specialized legal services in labor cases for employers and workers in the United Arab Emirates, based on the provisions of Decree No. (33) of 2021 and its amendments.
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Reviewing employment contracts and verifying the validity of probation period clauses
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Evaluating termination procedures and their compliance with the law
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Preparing warnings and notifications according to the prescribed legal procedures
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Representing parties before the competent authorities in labor disputes
To obtain specialized legal advice and protect your rights in the employment relationship, contact Awad Al-Muhairi Law Firm and Legal Consultations.
Legal disclaimer
This article is purely informational and educational and does not constitute legal advice. Each case has its own circumstances that may affect the legal interpretation and the resulting outcomes. Please contact directly Awad Al-Muhairi Law Office for specialized legal advice tailored to your situation.
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