New Labor Law about Probation Period in UAE

Comparison between the Previous UAE Labor Law and New UAE Labor Law

Additional clauses and significant changes to probation under the new United Arab Emirates Labour Act.

The Ministry of Human Resources and Emiratification (MOHRE) has announced the introduction of Federal Decree-Law No. 33 of 2021 which will regulate labour relations and employment practice in the UAE. The new UAE Labour Act came into force on February 2, 2022 and will replace the current UAE Labour Act in its entirety. The probation period in Dubai applies to every employee who serves under UAE.

The notification requirements for the duration of the probationary period applied by the new labor law are:

UAE Labor Law Probationary Requirements

Probation period UAE labor law requirements apply to every employee. The following are citations from the UAE Labor Law regarding the UAE probationary period:

Residence visa provision

All new employees must obtain a residence visa for the UAE from their employer. It must be offered even during probation.

Probation period

The UAE Labor Law states that a new employee must serve a six-month probationary period before becoming a permanent employee if both parties agree.

Final Compensation

Employees who have not worked for the company for at least a year are not eligible for end-of-service benefits.

Visa processing Fee Reimbursement

The UAE Labor Law states that it is unlawful for employers to request payment of visa application fees when terminating employee employment.

Termination of contract during the probation period

Under UAE Federal Law article 120, if it is said that an employee is not producing enough, the employer may terminate the employment contract. It can also happen even if an employee disobeys company policy or requirements outlined in the Labor Law.

Eligibility for sick leave during probation period

A worker in their probationary period does not yet have access to sick leave. When a need arises before serving the probation period, you may still use sick leave, which typically becomes effective after serving the probation period. In majority time, the total amount of sick leave taken while on probation is unpaid. A review of the employment contract will help you understand sick leave policies during the probationary period.

Resignation during Probation

For an acceptable reason, an employee can request a leave of absence while on probation. However, they will not be eligible for any end-of-service benefits. As stated earlier, it solely depends on the employment contract.

Extension of Probation Period

Six months is the maximum probation period. Although it can be less than six months, it shouldn’t last longer than six months. According to the Federal Law of the United Arab Emirates, six months should be sufficient to evaluate whether to keep an employee.

Salary during Probation

The full payment of an employee’s salary might not happen until the probationary period is over. Employer-employee agreements determine the amount of pay during the probationary period.

Frequently Asked Questions (FAQ’s)

1. In UAE, how long is the probation period?

   In UAE, the employee probation period is typically three to six months long. It is against the law to extend the probationary period beyond six months.

2. Does the employee have to pay for my Visa charges if terminated while on probation?

   Upon termination while on probation, the employee is not responsible for paying back or compensating your employer visa expenses. The UAE Labour Law states that the employer is responsible for paying the employee visa cost and that the employee is not entitled to any reimbursement.

3. Are employees compensated during probationary period?

   Yes, employees do receive compensation. However, depending on the policies of some employers, the employee might not begin receiving the full until the probationary period completion.

4. Does the employee have to serve notice period while on probation?

   If the employee is not a permanent, the employee is exempt from serving the required 30 days’ notice. The employee can give one-week advance notice of departure.

5. Can the employee take paid sick leaves in an emergency while on probation?

   In the UAE, employees cannot take advantage of paid sick leave while on probation. If the employee has an emergency, he/she can discuss it with the employer. The employer may recommend taking unpaid time off in the case of an emergency.

6. Can the employee quit the job while still on probation in the UAE?

   You can, but the employee doesn’t get paid a gratuity for it.

7. What happens in the UAE following the probationary period?

   After the probationary period, the employee is either offered permanent employment or the contract for the new hire is terminated.

8. Is the probationary period counted as part of the total service time of the employee?

   Yes. The probationary period is included in an employee’s total service period if the employee passes the probationary period and remains employed.

9. Can an employee take Annual leave while on probation?

   Employees on probation are not permitted to take annual leave.

10. Is it possible for an employer to hire probationary employees more than once at the same company?

    The same company may not appoint a probationary employee more than once.

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