Many employees in the United Arab Emirates are unaware that they are legally protected even during their probation period. A widespread misconception exists that your employer can dismiss you without any conditions during this trial period. However, the reality is different. The UAE Labour Law, as set out in Federal Decree-Law No. 33 of 2021, prescribes clear rules that employers must adhere to, even if you are still on probation.
Whether you have just started a new job in Dubai, Abu Dhabi, or one of the other emirates, it is good to know your rights. For when the time comes that your employer wishes to part ways with you, it makes a difference whether you know your rights or not.
What Your Employer Must Do When Terminating Employment During Probation
If your employer decides to terminate your contract while you are still in your probation period, they are obligated to meet several conditions. These are not guidelines or suggestions, but legal obligations.
Firstly, your employer must provide you with a minimum of 14 days’ written notice. This means an official letter or email stating that your contract is being terminated, with the date of your last working day. An informal conversation on a Friday afternoon does not count as valid notice.
Furthermore, your employer must pay all your outstanding salary up to and including your last working day. No employer may let you leave without fully compensating you for the days you have worked. This sounds logical, but in practice, some employers try to avoid this.
What many people do not know is that you are also entitled to compensation for accrued annual leave, even during your probation. If you have worked for two months and have accrued but not taken leave during that period, your employer must pay it out upon your departure. This applies from day one of your employment.
If your employer does not give you the full 14-day notice period, they must compensate you for the missing days. For example, if your employer informs you on a Tuesday that Friday is your last day, they must pay you for the remaining days of the notice period as if you had worked them.
Finally, you are entitled to request a certificate of experience. Your employer is legally required to provide this, and the certificate must not contain any negative information that could harm your chances of finding new employment. This is an important protection, as a negative certificate can significantly hinder your career in the UAE.
Resigning During Your Probation Period
The rules also work the other way. If you decide to resign during your probation period, specific notice periods apply, which depend on your plans after leaving.
If you are moving to another employer within the UAE, you must observe a one-month notice period. This gives your current employer time to find a replacement and arrange an orderly handover. It is important to adhere to this, as failing to comply with the notice period can have legal consequences.
If you plan to leave the UAE, a shorter notice period of 14 days applies. This is the same period your employer must observe for termination. Whether you are returning to your home country or moving to another country, two weeks’ notice is sufficient.
The probation period in the UAE is legally limited to a maximum of six months. No employer may extend the probation period beyond those six months, regardless of what is stated in your contract. If your employer attempts to extend your probation to eight months or a year, this is a violation of the law and you can challenge it.
It is advisable to keep this information somewhere safe in case you ever need it. Whether you have just started a new job or have been working in the UAE for a while, knowledge of your rights is always valuable. Many labour disputes in the UAE arise because employees do not know their rights and employers take advantage of this.
If in doubt, you can always contact the Ministry of Human Resources and Emiratisation (MOHRE) in the UAE. They can inform you about your specific rights and assist you if your employer does not comply with the rules.
Join The Discussion