The UAE Labor Law protects those who work there. All of an employee’s rights and responsibilities are outlined in this law. The employment contract, which details the UAE’s probationary is the most crucial element in any employment situation.

All employees in the UAE are given a probationary period by every single employer. The “trial time” for a new employee in an organization is mandated as the probation term. Before the company provides a permanent position, it allows the employer and employee to get to know one another better and assess the employee’s performance.

The former Labour Law had previously stated that the maximum probationary period was six months, and this is still the case today. Under the former law, probationary employees may also be fired without warning, but this is no longer the case. All probationary employees must receive a 14-day notice of termination from their employers under the new rule.

In the UAE, there is a required probationary period for new hires. Depending on the company’s specified policies, the probationary period’s length could range from three to six months. Here is all the information you need to know about the probationary term in the UAE if you intend to apply for a job there. 

Check out – Al Furjan

What Is A Probation Period?

 

In the UAE, a probationary period is used to evaluate an employee’s performance before appointing them to a permanent position. The employee is put through a rigorous review and performance screening while on probation. If the candidate is found to be suitable after the evaluation, the employer will recruit them as a permanent employee.

Rules And Regulations Under The Under The Uae Labor Law

The UAE Ministry of Labor has developed several regulations for the country’s employees’ probationary period.

By the new laws, an employee’s rights during the probationary term-

• Beginning on February 2, 2022, the new labour laws will be in effect.
• By Federal Law No. 33 of 2021, an employee during a probationary period (which cannot last longer than six months) must get written notice of the termination 14 days in advance.
• They cannot be put on probation by the same company more than once.
• The probationary term cannot be increased by the employer to six months.
• Following the probationary period, employees must continue to provide overall service by the terms of the contract and the probationary period.
• An employee on probation who wishes to change positions must give one month’s notice.
• An employee on probation who wishes to depart the country must give a 14-day notice. Unless there is an agreement between the worker and the employer specifying otherwise, the new employer is responsible for paying the compensation if any if the employee wants to return to the nation and acquire a new work permit within three months of the date of departure.
• Employees who abruptly leave the country while on probation will be prohibited for one year from applying for a work visa.
• A payment equal to the usual workdays of the remaining notice period must be made by the party who broke these regulations to the other if they have done so.

Al Furjan – Best Place to live in Dubai

The Uae’s Maximum Employment Probation Period (UAE Labor Law)

 

The maximum probationary period for any employee should be three to six months, by UAE labour regulations. Article No. 37 of the Federal Labor Law No. 8 of 1980 provides a thorough description of the probationary period’s length, stating:

 

“A worker shall not be engaged on probation more than once during employment to any one employer. A worker may be engaged on probation for a period not to exceed six months, during which time his services may be terminated by the employer without notice or severance pay.

When a worker completes his probationary period and continues in his position, the time will be added to his total length of service”.

 

According to the provisions in the aforementioned Article 37, employment probation that lasts longer than six months shall be deemed illegal. In this situation, the employer may be entitled to compensation or will be held liable by the corporation.

How to Get a DBS Check Online?

Termination During the Probationary Period Without Notice

 

Under Article 120 of the UAE Labour Law, an employee’s employment during a probationary period may be terminated. According to this law, the employer has the authority to fire an employee whose performance falls short of the performance benchmarks.

A probationary worker on a limited-term contract may also be let go by the employer before the contract’s expiration date.

 

Only if the probation period does not go above the maximum of 6 months is the employer permitted to fire an underperforming employee with one day’s notice. Severance pay and other compensation and benefits are not due to an employee who was fired before completing the required probationary period under the Federal Labour Law.

The probationary worker is exempt from paying the employer’s visa expenses after being fired. The UAE Labour Law prohibits employers from requesting repayment from workers for their travel-related costs.

Employee’s Right To Resign (UAE Labor Law)

The employee is allowed to resign at any time under probation in the UAE with one day’s notice. Before posting a resignation during the UAE probation term, employees interested in working in any of the emirates must thoroughly review the contract.

No Right to Leave Work for Sickness

In the UAE, a probationary employee is not entitled to a paid sick day. If an employee on probation needs to take some time off, they must discuss the issue with their employer.

Right To a Gratuity

An employee in the UAE through a probationary period is not eligible for any gratuity payments, following the laws and regulations of the UAE Labour Law.

An employee is eligible to get their entire gratuity if they complete their probationary period and stay with the same employer for another year. To acquire a comprehensive understanding of the laws and guidelines governing gratuity payments, you can also look at the DIFC gratuity law in the UAE.

No Probation Period Extension

If the employee maintains the company’s performance criteria, the probation period cannot be extended. In an alike vein, an employer is not allowed to put an employee on probation twice inside the same organisation.

Frequently Asked Questions

 

How long is the UAE’s probationary period?

 

In the UAE, the probationary term for new hires is set at three to six months. Any probationary term extension that lasts longer than six months must be legal.

 

If I am terminated while on probation, do I have to pay my visa fees?

 

If you are fired while on probation, you are not required to pay your employer’s visa expenditures back or compensate them. The UAE Labour Law mandates that the employer cover all employee visa costs; employees are not permitted to request repayment for any visa costs.

 

Can You Take Paid Sick Leaves In An Emergency While On Probation?

 

In the UAE, employees cannot make use of paid sick leave while they are on probation. Although it is preferable to address emergencies with your employer, you are advised to take unpaid time off in such circumstances.

 

Our piece on the UAE’s probationary term is now complete. Before becoming a permanent employee, every worker must go through a required probationary. Additionally, employees must be aware of UAE end-of-service gratuity payments. The Tasheel system, which expedites all labor-related matters in the UAE, should be known to all employees there.

 
For more informative articles keep visiting Emu Article.