Guide about Termination During Probation Period in UAE

The trial period is the initial stage of the employment contract in which the employee and the employer can evaluate their employment relationship. Thus, they can decide whether or not to continue in the company. During this period, both the employee and the employer can terminate the contract without prior notice or compensation. Of course, respect for the obligations and rights of both parties must be guaranteed. However, there are some situations in which termination during probation period may be unfair or illegal.

In this article, we will explain what the trial period is in the United Arab Emirates. We will show you what its characteristics, effects, and duration are. In addition, we will inform you about the termination during probation period according to the labor law in the UAE. Finally, we will show you what the termination rules during probation period in Dubai are according to your contract and the employee's rights in those cases. Read on and learn everything you need to know about the UAE labor law termination during probation period.

What is Probation Period?

The trial period is a period of evaluation during which the company and the employee can decide if they are a good fit for each other. In other words, it is entering a phase of acquaintance to become familiar and finally conclude whether or not they have a good relationship.

From the point of view of the company, and the human resources department; allows you to evaluate the new worker against the expectations of the job. That is, according to their skills, the requirements, and abilities necessary to fully execute the tasks of the job. In this way, the human resources department has to decide if the new worker is suitable for a long-term employment relationship.

On the other hand, during this time the worker has the opportunity to learn in more detail the requirements and demands of the job. That is, feeling and feeling the organizational climate or business culture in which you are going to work. Thus, this is to conclude that you feel comfortable in that new job position in that company.

The trial period can come to an end both at the discretion of the employee and the employer. That is, dismissal during the probationary period is valid if it is by the employee or the employer. At least in the bilateral pact, there is an agreement at the beginning of the employment relationship, which has to be specific and in writing. Thus, it is clear that withdrawal during the trial period can occur either at the discretion of the employer or the worker.

Furthermore, it is important to clarify that you do not have to be subject to any notice period.

Why Probation Period is Required in UAE?

The main purpose of a trial period in the UAE is to evaluate the worker's performance. Specifically, in the first few months before offering you a permanent appointment. You have to know that during the probationary period, the employee is undergoing a comprehensive evaluation and performance exam.

Upon completion of the evaluation, the employer can hire the person as a permanent worker. To do this, you must have high qualifications and must be considered suitable for the position.

Probation Period Rules Under the UAE Labour Law

In order to carry out termination during probation period, you have to follow some essential aspects of labor law:

• To dismiss an employee during the trial period, you must do so in writing 14 days before the event.
• The same employer cannot place workers on probation more than once.
• Additionally, employers cannot extend the probationary period longer than 6 months.
• Upon successful completion of the trial period, the contract will be valid according to the terms. Furthermore, the trial period must be included as part of the general service.
• If the worker wants to change jobs during the trial period in the UAE, he has to send 1 months’ notice to his employer.
• The employee who wants to leave during the trial period must submit a 14-day notice.
• If you want to return to the country and obtain a new work permit within three months of your departure date, the new employer has to pay compensation. Unless there is an agreement between the employer and the worker that establishes otherwise.
• If the worker leaves the country without prior notice during the trial period, he or she will be subject to a work ban. The duration of this work ban is one year to obtain a work permit.

Maximum probation period

The first thing you have to know about the trial period in the UAE is the maximum duration. You can find this in Article 9 (1) of Federal Decree-Law No. (33) of 2021 on the regulation of the employment relationship. This establishes that the employer may appoint the worker for a trial period that does not exceed six (6) months from the date of start of work.

According to the clause, exceeding six months of the work test will be an illegal act. In this case, the company has to be responsible and would have to compensate the employee.

Termination without notice

Termination during probation period of an employee is governed by Article 9 (1) of the UAE labor law. The employer has the option to terminate the limited contract in the UAE during the trial period. To do this, you must notify the employee in writing at least 14 days before the date for termination of service.

According to article 9 (5) of the labor law in the UAE, if an employee or employer terminates the contract without taking into account the provisions of the article he has to face consequences. Specifically, you must compensate the other party with an amount equal to the worker's salary for the notice period. It may also be for the remaining period of the notice period.

Employee’s resignation rights

According to article number 9 of Federal Decree-Law number 33 of the year 2021; Regarding the employment relationship regulation, if an employee intends to work in the UAE, but with another employer, he must notify his current employer. Thus, you must notify in writing your intention within one month to terminate your UAE employment contract.

In these cases, the new employer must compensate the original employer by assuming the costs of hiring the employee. However, this can be avoided if an agreement is reached between employers.

On the other hand, there is a specific clause for foreign employees in Article 9 of the UAE labor legislation. According to this article, if a foreign employee intends to terminate during probation period UAE; They must inform the employer within 14 days of the date of termination of the contract.

If they plan to return to the UAE and obtain a work permit in the next three months, the new employer must pay compensation to the old employer.

Sick leaves

Following the provisions of article 31 of Federal Decree-Law number 33 of 2021; regarding the regulation of the employment relationship, does not allow the employee paid sick leave during the probationary period in the UAE.

However, the employer is required to offer unpaid sick leave. On the other hand, it is also important that you know about unemployment insurance in the UAE. This way, you will be able to learn more about what happens during the termination of the probation period and its remuneration.

Gratuity

According to the UAE labor law, employees who complete the probationary period in the UAE are not entitled to bonuses. This way, if you continue working for the same company for a year after your probationary period, you will be able to enjoy your full bonus. Additionally, you can use Mohre's tip and end-of-service calculator.

Employees Working on Limited Contracts

In the UAE you can find limited and unlimited contracts. For this reason, those employees who have limited contracts do not have any additional protection for probation period termination. In this way, you are subject to the same regulations and rules as any other employee.

If you are fired during the probationary period, the employer must provide written notice. Additionally, you must do so within a period of 14 days. However, it is important that you know more about the waiver of limited and unlimited contracts in the UAE.

Protecting Your Rights During Probation

It is important that as an employee you understand all of your rights during the probationary period. Additionally, you should also know your rights to termination after probation period in UAE. This way, you will know that you deserve to be treated fairly and paid for all the work you do.

Even if you believe you were unfairly dismissed, you may have access to compensation. On the other hand, employers have the responsibility to ensure that all rules and regulations are followed when dismissing an employee during the probationary period. This way, if they do not notify in writing or fire without any valid reason, they may be subject to legal action against them.

In Summary

In summary, we were able to learn what is probation period, the rules and rights related to termination of employment during this period. Additionally, we find laws that are responsible for governing labor relations and establish that it is necessary to give notice for termination. The trial period lasts 3 to 6 months, but the employee and their employer can also decide the duration.

However, the duration of the trial period cannot exceed 6 months. Therefore, in the UAE, employers will be able to dismiss an employee during the probationary period if they follow all the necessary rules and regulations. Additionally, both employees and employers should know about these rules.

In this way, the protection of the rights of both parties can be guaranteed. Otherwise, the party who does not follow these regulations may suffer legal consequences. Therefore, if you want to avoid having any legal problems, you can go to a legal firm in Dubai or lawyers who are experts in the matter. Thanks to this, you will be able to receive advice on any illegal procedure against you.