What is the Probation Period in the UAE? Guide 2026
What is the probation period in the UAE? The probationary period of a job in the UAE is when an employer tests out their new employee to see how well they will perform and if they will be a good fit for the job. The maximum length of a probationary period is six months according to the UAE Labour Law. It’s giving the employer and the new employee the opportunity to determine whether or not the employee is a suitable match for continued employment.
Key Takeaways
- Probationary employee testing is the stage of employment that allows the employer to evaluate the new employee’s capabilities.
- As per the provisions of UAE labour laws, the time limit for an employee’s initial employment is six months.
- During probation, if either party is not satisfied, they can terminate the employment agreement with a 14-day notice period.
- The employee may also resign from their position at any time with a notice period of 14 days.
- If they want to work for another employer in the UA, E they would be required to provide their current employer with a 30-day notice period.
- Once an employee has completed their probationary period with the employer, they no longer have the right to repeat their probationary period, and all entitlements are fully provided to employees under UAE labour laws.
Why Companies Use a Probation Period in the UAE?
The probation period in the UAE is a trial period during which new employees can demonstrate their ability to perform the duties for which they were hired. It also allows existing employees to adjust to the job, as well as the organization’s work culture.
UAE Labour Law Rules That Govern the Probation Period
According to the UAE Labor Law (Federal Decree-Law No. 33 of 2021), certain conditions govern the length of a probationary period. Probationary periods cannot exceed 6 months and can only occur once for an employee who is hired by an employer.
Maximum Probation Period Allowed in the UAE
Although an employee may terminate his employment during the probation period in accordance with legal requirements, the employer and employee have the opportunity to mutually agree upon the termination date. Thus, the legality of the business relationship established between an employee and an employer during a probation period is governed by the UAE Labor Law, which clarifies the length of the probation period as 6 months.
Standard Probation Duration under UAE Labour Law
The law imposes limitations on both employees and employers for the duration of the probationary period. In the absence of these limitations, employers rarely know how long a probationary period will last. The employee and employer do not always have an opportunity to mutually agree on the duration of the probationary period.
Can an Employer Extend the Probation Period?
According to the UAE Federal Labor Law, while employers are permitted to have a probation period for newly hired employees, said period cannot exceed 6 months. Therefore, any attempt on behalf of the employer to extend the probation period beyond 6 months will be a violation of the law. The employee who completed the probationary period will automatically become a confirmed employee.
What Happens if Probation Exceeds Legal Limits?
If an employee’s probation period exceeds 6 months, under the UAE Federal Labor Law, they will have permanent employment status, which means they will have all rights accorded to them for their position. Furthermore, pre-existing employees cannot be placed on another probationary period by an employer without prior notice.e
Notice Period Requirements During Probation
During the new probation period, both the employer and employee must follow the appropriate notice thresholds. So that adequate preparations can be made to end the existing probation period.
Notice Period if the Employer Terminates the Employee
What is the probation period in the UAE? During the probationary period, both the employer and employee must provide a minimum of 14 days’ notice of termination, which allows the employee sufficient time to transition out of the company while satisfying UAE Labor Law.
Notice Period if the Employee Resigns
Resignation before probation period in UAE or resignation in probation period in UAE: An employee may also resign as an employee during a probationary period by also providing his employer with at least 14 days’ notice. This gives the employer adequate time to plan for the employee’s departure and find a replacement promptly.
Additional Notice When Leaving the UAE for Another Job
Prior to a person starting work with a new employer, the notice period can be up to 30 calendar days, which allows sufficient time for both parties to fulfil all requirements necessary for employment termination and related government processes for employee visa transfer.
| Situation | Required Notice | Who Gives Notice |
| Employer terminatesemployee | 14 days | Employer |
| Employee moves toanother UAE company | 30 days | Employee |
| Employee leaves the UAEpermanently | 14 days | Employee leaves the UAE permanently |
Can an Employer Terminate an Employee During Probation?
An employer has the right to terminate an employee while they are still within their probationary period, provided there has been compliance with the fair and legal requirements as outlined in the UAE Labour Law.
Legal Conditions for Termination
What is the probation period in the UAE? An employer can terminate an employee during probation if the employee fails to perform according to job requirements. However, the employer must provide a minimum of 14 days’ notice, as required by UAE Labour Law.
Compensation and Obligations During Termination
Generally, an employer is not required to provide end-of-service benefits during the probationary period. The employer must remit to the employee all earnings (salary or wages), as well as any leave to which the employee is entitled under the terms of their contract and laws applicable at the time of termination under the probation period in the UAE.
When Termination May Become a Labour Dispute?
If there has been an unlawful termination of an employee, i.e, a reason for terminating the employee is not valid under the contract or laws applicable at the time of termination, or the notice period was less than the time stipulated by law, there can be significant disputes arising from said unlawful terminations.
Employee Rights During the Probation Period
The employment contract, which governs the employee’s rights and obligations during his or her employment, provides specific definitions as to what constitutes a “probationary period.” There are many aspects of the employer-employee relationship that will be determined during the probation period, and some of these relationships will not change after the probationary period ends.
Salary and Contract Protection
The employer will ensure the employee receives his agreed salary and will also ensure that the terms of the employment agreement will not be changed in any way while the employee is on probation.
Annual Leave Eligibility During Probation
Although an employee will accumulate annual leave during the probationary period, they may not be able to take their annual leave until the probationary period has ended or their company allows them to do so.
Health Insurance and Other Benefits
The employer is generally required to provide the employee with health and any other compulsory benefits that are included in the employment agreement or required by the UAE labour law regulations, even during the probationary period.
What Happens if an Employee Resigns During Probation?
What if I resigned during the probation period in the UAE? If an employee resigns while on probation, there are specific rules determining notice, obligations, and cost responsibilities.
Resigning to Join Another Employer in the UAE
The employee must provide 30 days’ notice to ensure the employer is able to recruit another employee to fill the position and be able to complete any·formalities before the new employee begins their employment.
Resigning to Leave the UAE
If an employee is planning to leave the UAE on a permanent basis, the employee usually has to give 14 days’ notice to allow the employer to complete the employee’s clearance process and the employee’s visa cancellation process.
Who Pays the Recruitment or Visa Costs?
Typically, employers in the UAE will cover the costs of hiring a new worker, such as the visa required for an employee to work in the UAE, unless the employment agreement specifies otherwise. The same applies to an employee who is leaving an employer while on probation to work for a different employer.
Moving to Another Company During Probation in the UAE
In addition, an employee is entitled to switch jobs during the probationary period; however, they must comply with legal procedures as dictated under the U.A.E. Labor Law to do so.
Labour Law Rules for Job Transfer
An employee must give his current employer 30 days’ written notice of his intent to work for another employer in the U.A.E. He must have fully complied with his employment agreement and met visa obligation requirements before starting to work for the new employer.
Employer Compensation Rules Between Companies
If an employer has incurred costs associated with hiring and training an individual employee, then, only if such costs are specifically outlined in the employee’s contract, can the employer recover those costs from the employee. To the extent the cost of recruiting and training has not been itemized in the employee’s contract, the prior employer of the employee is not entitled to receive from the new employer any reimbursement for the employee’s recruitment or training expenses associated with transferring to the employee’s new employer.
Restrictions Employees Should Know Before Switching Jobs
When changing jobs, employees must provide proper notice and obtain a visa clearance, thus avoiding non-compete clauses and other contract violations, which could lead to a lawsuit.
Common Mistakes Employees Make During Probation
While an employee is on probationary status, there are some common mistakes made, which include a lack of performance, unprofessional behavior, ignoring company rules and policy compliance, not providing proper notice, and failing to assimilate into the work environment. If these mistakes are avoided, the employee is more likely to keep their job after they are finished with their probationary period.
How the Probation Period Affects End-of-Service Gratuity?
The length of the employee’s probationary period will be considered when calculating end-of-service gratuity and also determining when an employee will be entitled to receive that gratuity.
Does Probation Count Toward Gratuity Calculation?
For the employee, no gratuity will be accumulated during the probationary period. As they are in the process of being tested and have not been confirmed under the terms of their contract. You can count on the help of an online gratuity calculator.
When Gratuity Eligibility Actually Begins?
An employee will become entitled to receive end-of-service gratuity after completing the probationary period and being confirmed under their employment contract.
Why Probation Still Matters for Employment Records?
Probation restricts how much an employee can accumulate regarding gratuity. It will affect the employee’s performance review, employment history, and record-keeping, which could adversely affect their future promotion opportunities, references, or possibility of future employment.
| Employment Stage | Included in Gratuity Calculation | Notes |
| Probation period | No | No entitlement to payment during probation. |
| After probationconfirmation | Yes | Entitled, Full Rights Forthcoming on Employment with Gratuity to Count Toward Gratitude |
| End of employment | Yes | Calculation of Gratuity Only for Confirmed Service |
| Partial year of confirmed service | Yes | Pro-rata Calculation of Gratuity Based on Number of Months Worked Post-Probation |
| Confirmed service years | Yes | Full Entitlement to Gratuity Paid for Each Year of Confirmation. |
| Termination during probation | No | No Entitlement To Gratuity If Terminated During Probation |
| Resignation during probation | No | No Entitlement To Gratuity If Resigned During Probation |
| Termination after probation | Yes | Calculation of Gratuity is based on the length of Confirmation of employment within the UAE Labour Law Guidelines. |
Final Thoughts
What is the probation period in the UAE? Probation means that the employee gets the chance to prove themselves and that they will be able to meet the employer’s expectations of them. While at the same time, the employee will also be able to adjust to the role they have been hired for. The probationary period is not included as part of your gratuity. However, it does have an impact on any benefits you may receive, as well as any records you may have in relation to your employment. Following the rules regarding notice periods, resignations, and transfers, in conjunction with using the gratuity calculator UAE to calculate your expected gratuity, will help provide a seamless transition into permanent employment.
