On Trial - Probation Period in the UAE (Duration, Exit, Leave)
Duration of Probation
Probation Period Duration - image showing calendar block piece with months
Image credit - Unsplash
The usual probation period in the UAE is 6 months, which is also the legal maximum. Employers can choose to have a lesser probation period, for example, 3 months, 4 months, etc. or even no probation period which is common when the employee is transferred internally within the company from one country to another.
It can be extended one time, but if it’s already the maximum of 6 months it cannot be extended further.
Resignation or Termination during Probation in the UAE
The employer can terminate the contract with 14 days’ notice during the probation period.
If the employee wants to leave in the probation period, they have to give 14 days’ notice if they are not continuing to stay in the country. However, if they are continuing in the UAE by joining another employer, they have to give 30 days’ notice.
If they return within 3 months to work for another employer in the UAE, the new employer has to pay compensation to the former employer. It’s not quite clear how this works out in practice, but it’s worked well as a deterrent so far. In other words, employees think about this before planning their exit, and in some cases decide not to leave as well.
If these stipulations are not complied with, the employee can be restricted to get another work permit for a period of one year. This has some exceptions, e.g. golden visa holder is likely to have leniency, while the exemption from ban for golden visas due to probation period violation is still to be tested out enough, since both of them are fairly recent changes.
It’s not clear how much notice is required if the employee has decided to start their own thing in the UAE and not continue with employment.
Leave During Probation
Leave during probation period is usually not permitted, but in case of emergencies many employers allow unpaid or paid leave. The ones who allow leave might have claw-back provisions, that is, if the employee resigns or is terminated during or at the end of the probation period, the paid leave will be recovered.
Usually, in the bigger organizations, 2-3 days of leave is not seen as a challenge, while longer leave like 2-3 weeks during a 6-month probation period is not encouraged. Having said that, some employees discuss their previously planned leave during their interview and selection process, especially when joining is expected to be during peak travel seasons like July August (summer school break), and December, etc.
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