Probation Period in UAE

Any individual who has ever applied for a job or tried to join a firm or organisation would be familiar with the term “probation”. In the workplace, a probationary period is a time frame during which a new hire is assessed to decide whether or not full-time employment should be made available.

The company or a manager can monitor the employees performance throughout this timeframe to determine if the employee will stay on the job after the trial period is finished or not. However, the employee also has the right to decide whether or not the working conditions are suitable for them to remain in employment on a permanent basis. Therefore, the probationary period is actually the period when a new employee is being screened.

According to Article 9 of the revised labour laws, probation period constitutes these criteria, which are given below:

• Maximum probation period is six months after the start of the job.
• Employee shall be informed 14 days before the termination date by the employer.
• Employee must notify the company 14 days before termination when they are going abroad.
• If employee wants to join another company, Employee must notify the company 30 days before termination,

Probation has additional provisions and major changes as a result of the New UAE Labor Law i.e. Federal Decree-Law No. 33 of 2021

• When a person quits their job during their probationary term to work for another company in the UAE, they are required to give at least 30 days’ notice, and the new employer is responsible for covering the costs associated with hiring the employee (unless agreed otherwise).
• The employee must give 14 days’ notice if they are leaving the UAE after their resignation. But, if the employee returns to the UAE for work inside three months of leaving, the new employer will be responsible for paying the worker’s former employer for any costs associated with hiring them (unless agreed otherwise).
• A probationary employee may only be hired once by a single employer, and if the employee successfully completes the probationary period and keeps working, the contract will become effective in accordance with the terms agreed upon. This time frame will be included in the service term.
• The original employer must be notified in writing within at least one month of the worker’s desire to end the contract if the worker desires to relocate during the probationary period and serve for another company in the State. Then, unless otherwise stipulated, the new employer should reimburse the first employer for the costs of hiring or contracting with the employee.
• Without taking the requirements of this Article into account, any party may terminate the employment agreement by giving the other party compensation equivalent to the employee’s earnings for the notice period or the remaining portion of the notice period.
• If foreign employees depart the country in violation of this Article’s requirements, they will not be issued a work permit to work in the UAE for one year from the date of departure.
• If an employee or employer ends an employment agreement in UAE without providing the required notice, they are still required to compensate the other participant with wages equivalent to the notice period or the remaining portion of the notice period.
• A labour ban of one year from the date of departure (subject to MOHRE exemptions), will apply to any employee who departs the country in violation of this Article’s regulations.

Listed below are some frequently asked questions about probation under the New UAE Labor Law

1. In accordance with UAE labour legislation, how long is the probation period?

   According to UAE Labor Law, the probationary term cannot go more than six months after the start of employment.

2. Could an employer terminate an employee’s employment while they are on probation?

   After giving the employee written notice at least fourteen (14) days before to the date indicated for termination of service, the employer may terminate the employee’s employment.

3. How can employers prolong the probation period?

   The probationary term may not be extended by the employer beyond six months. Any probationary term extension that lasts longer than six months is illegal.

4. How could an employee take Annual leave while on probation?

   While on probation, the employee is not permitted to take any Annual leave.

5. In the event that an employee is terminated while on probation, who pays for the visa?

   According to UAE Labor Law, an employer must cover all visa costs for an employee and is not allowed to claim these costs from the employee.

6. How could an employer hire probationary staff more than once at the same company?

   An employee on probation may not be appointed by the same company more than once.

7. If an employee leaves while on probation, would they receive a gratuity?

   If an employee quits while on probation, they are not eligible for a gratuity. Only after serving the firm for a year can an employee be given a gratuity. Please click the link below for further information regarding gratuities. Read more:- Probation Period in UAE

8. What happens if neither party adheres to the legal notification requirements and ends the employment contract during the probationary period?

   Without taking the requirements of this Article into account, each party who decides to end the employment relationship must give the other party compensation equivalent to the earnings earned during the notice period or the remaining portion of the notice period.

9. Does the employee qualify for sick leave while on probation?

   During the probationary phase, an employee is not allowed to have paid sick leave.

10. Can an employee quit their job and leave the country during Probation?

    The employee must give written notice to the employer at least 14 days before the agreement is to expire if they choose to terminate their job during the probationary period. If the employee wishes to return to the UAE and get a new work visa, the new employer must pay the compensation within three months of the date of departure.

11. Can an employee relocate or change jobs while on probation in the UAE?

    The original employer must be notified in writing within one month of the employee’s desire to end the agreement if the employee desires to transfer to another employer in the UAE during the probationary period. Then, except as otherwise stipulated, the new employer should reimburse the previous employer for the expenditures associated with hiring the employee.

12. Is the probation period included in the employee’s total period of service?

    Yes. If the employee passes the probationary period and remains in service, the probation period is included in the employee’s total period of service

Conclusion

A probationary period is meant to allow the company to evaluate the new hire and make a decision on whether to keep the working relationship continue or end it. The probationary period is a way for a company to safeguard itself from the risk of beginning a new working relationship before having a good understanding of the new employee. The employee also has the right to decide whether or not the working conditions are suitable for them to remain in employment on a permanent basis

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