Termination During Probation Period in UAE

Termination During Probation Period in UAE

The enactment of the new labour law in 2022 has brought significant changes in a number of rules in the private sector. All employees and employers must know these changes and their responsibilities and rights. Under the Federal Law No. 22 of 2021, which governs labour relationships, it is necessary to give notice for termination.

What is the probation period?

In the United Arab Emirates, a probationary period is used to evaluate employees’ performance before appointing them to a permanent position. The employee goes through a rigorous review and performance screening while on probation. If the candidate is found to be qualified for the specific position, the business may hire them as a permanent employee when the evaluation is complete.

Rules for Probation Period and Termination in UAE

The rules for the probationary period are covered under Article 9 of Federal Decree-Law No. 33 of 2021. Here is everything you want to know about the new rules related to probation periods and termination in detail.

1. Duration: The probation period can be between three to six months. Employer and employee can mutually decide the duration, but it shouldn’t be more than six months.

2. Notice for Termination: If either of the parties (employer or employee) wishes to terminate the employment during this probationary period, they must give the other party written notice of termination. Previously, it was possible on one day’s notice; now, it can be done with 14 days’ notice for the employer and 30 days’ notice for the employee.

3. Foreign employee: A foreign employee who wants to end the employment contract during the probationary period in order to depart the UAE must give written notice to his employer. The notice must be submitted in writing at least fourteen days before the termination date. The new employer must pay the compensation if the employee wants to return to the UAE and gets a new work permit within three months of his departure date. However, the employee and the original employer can come to an agreement that offers an alternate solution.

4. Change of Job: If any employee decides to change to another job in the UAE during the probationary period, he or she must give written notice to the current employer at least 30 days in advance of the date on which he or she intends to terminate the contract. Unless otherwise specified, the new employer is responsible for paying the first employer’s recruitment or contract costs.

5. More than One Probation: An employee cannot be put on probation more than once under the same employer. If an employee successfully completes the probationary period and remains employed, in that case, the employment contract takes effect according to its conditions, and the probation period is included in the calculation of the employee’s service period.

6. Compensation: If either party terminates the employment contract without complying with the rules of Article 9, they must compensate equally to the Employee’s Wage equivalent to the remaining Notice Period, or average pay of three months, whichever is less.

7. Leaving the country without notice: Foreign employees who depart the UAE in violation of this Article’s requirements may face a ban of one year. They may not be issued a work permit for a period of one year following the date of his departure.

8. Exemptions: The Ministry has the right to exempt particular job categories. The exemption is based on the skill levels and workforce requirements. It also extends to the foreign workers under the non-grant of Work Permit category. It is governed in accordance with the controls and procedures set by the Executive Regulations of this Decree-Law.

9. Entitlement to Sick Leaves: In the UAE, a probationary employee is not entitled to a paid sick day. In the event that an employee on probation needs to take some time off, they must discuss the issue with their employer.

10. Visa Expenses on Termination: If you’re hired during your probation, you’re not required to pay back or compensate your employer for their visa costs. The UAE Labour Law mandates that the employer cover all employee visa costs; employers are not permitted to request repayment for any visa costs.


Every employee in UAE has to complete their mandatory probation period in the job. Moreover, it’s critical for employees to know about end-of-service gratuity payments and complaint systems for disputes. Federal Decree-Law No. 33 of 2021, which governs labour relations in the private sector, came into effect on Feb 2, 2022. The law is intended to improve employment rights and increase the competitiveness of the Emirates as a place to live and work, helping the country in attracting and keeping talented and skilled employees.

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