Entering a new job is often filled with excitement and ambition, but for employees in the UAE, the probation period represents a time of both opportunity and uncertainty. While probation is intended to assess the compatibility between employer and employee, it is essential that workers understand their rights during this phase. Whether you’re a local resident or an expatriate, knowing your entitlements can protect you from misunderstandings and ensure that you are treated fairly under UAE labour laws.
The probation period is a common feature in most employment contracts in the UAE. It is typically used to evaluate an employee’s performance, skills, and suitability for the role before confirming permanent employment. However, while employers may view probation as a time for assessment, employees must remember that their rights remain protected throughout this period.
Understanding the Probation Period
Under the UAE Labour Law, the probation period cannot exceed six months. During this time, both the employer and the employee have the right to terminate the contract, but with specific conditions attached. Contrary to popular belief, being on probation does not mean that an employee has no legal protection. The rules governing this stage are clearly defined to prevent abuse or unjust treatment.
Employees are expected to perform their duties as outlined in their contract, and employers must provide fair working conditions. Any termination during this period must be handled according to the provisions of the law. If either party wishes to end the contract, a written notice must be issued, and a notice period of at least fourteen days must be observed.
Termination and Notice Requirements
One of the most significant aspects of the probation period is the right related to termination. Both the employer and the employee have the right to end the employment relationship during probation, but the law requires specific steps to be followed. If the employer decides to terminate the employee, they must provide a minimum of fourteen days’ written notice. Similarly, if the employee wishes to resign, they are obligated to provide a notice period of at least fourteen days.
It is important to note that the notice period increases to one month if the employee intends to move to another job within the UAE. This provision ensures transparency and prevents sudden disruptions in employment, especially when a transition to a competitor or similar organization is involved.
Entitlement to Wages and Benefits
During probation, employees are entitled to receive their full salary as agreed in the employment contract. Employers must pay wages on time, and any delay or non-payment constitutes a violation of UAE labour laws. Even if an employee is dismissed during probation, they are still entitled to receive their salary up until the last working day, along with any other financial entitlements accrued.
Overtime, commissions, and other agreed-upon allowances must also be paid if applicable. The probation period should not be seen as a time when employees have fewer rights—contractual obligations apply in full, and employers are expected to honor their commitments.
Medical Insurance and Health Coverage
Another common question raised by employees concerns health coverage during probation. According to UAE law, it is the employer’s responsibility to provide health insurance to their employees, including those on probation. Medical coverage must be in place from the employee’s start date and must continue throughout the duration of the employment relationship, regardless of the probationary status.
If an employee falls ill during probation, they are allowed to take sick leave. However, sick leave is generally unpaid during the probation period unless otherwise stated in the employment contract. Some employers may choose to offer paid sick leave as a gesture of goodwill or according to internal policies, but this is not a legal requirement under UAE law for employees still in probation.
End-of-Service Benefits and Gratuity
Employees should be aware that end-of-service benefits such as gratuity do not apply if employment ends during the probation period. Gratuity entitlement typically begins only after one year of continuous service. Therefore, if an employee resigns or is terminated while still in probation, they are not eligible for end-of-service gratuity. However, they must be compensated for any unpaid wages and accrued leave (if applicable).
Travel Costs and Repatriation
For expatriate employees, questions often arise regarding repatriation costs in the event of termination during probation. UAE labour laws generally require employers to bear the cost of repatriation to the employee’s home country unless the employee resigns without completing their notice period or breaches the contract terms. In such cases, the employer may not be obligated to cover the repatriation expenses.
That said, employment contracts may contain specific clauses regarding travel allowances or final settlement procedures. Employees are advised to review these terms carefully and consult experienced labour lawyers in Dubai if they have concerns about contractual obligations or unfair treatment.
Employee Protections and Anti-Discrimination
Even during probation, employees are protected against workplace discrimination, harassment, and abuse. UAE labour laws prohibit any form of discrimination based on race, nationality, gender, religion, or disability. If an employee experiences any misconduct or violation of rights during probation, they have the right to file a formal complaint with the Ministry of Human Resources and Emiratisation (MOHRE) or seek legal assistance.
Probation does not strip employees of their dignity or legal standing. All employees, regardless of their job title or industry, have the right to work in a respectful and safe environment. Employers found guilty of discriminatory practices or violations may face serious penalties, including fines and restrictions on future hiring.
Changing Employers During Probation
It is possible for an employee to change jobs during the probation period, but the process involves legal procedures. As of recent regulatory changes, an employee who wishes to switch employers during probation must provide at least one month’s notice. The new employer is also required to compensate the current employer for recruitment expenses incurred during the hiring process.
This regulation is designed to protect both employers and employees, ensuring that job changes are handled professionally and do not result in unnecessary financial losses. Employees are advised to communicate openly with their current employer and follow the legal steps to avoid labor bans or complications.
Seeking Legal Advice
Although the UAE legal system is employee-friendly in many respects, navigating labour laws can still be complex—especially for new expatriates. Employees who feel they have been wrongfully dismissed, underpaid, or denied contractual rights during probation should consider speaking with qualified labour lawyers in Dubai. These legal professionals can evaluate the situation, interpret contract clauses, and represent the employee’s interests in disputes or legal proceedings.
Understanding the fine print of employment contracts, particularly in relation to probation, is essential. Legal advice ensures that employees do not unknowingly waive their rights or fall victim to unlawful practices. While most employers in the UAE are compliant with labour laws, exceptions do exist, and having legal support can make a significant difference in outcomes.
Conclusion
The probation period in the UAE is more than just a trial phase; it is a legally recognized part of employment with specific rules and employee protections. Understanding your rights during this time is critical to ensuring fair treatment and making informed decisions. From salary payments and notice periods to health coverage and termination procedures, every aspect of the probation period is governed by clearly defined laws.
Employees should approach this period with awareness and confidence, knowing that their legal rights remain intact. If faced with uncertainty or disputes, seeking professional guidance is always advisable. The UAE’s labour system strives to maintain balance and fairness in the workplace, and those who understand the law are best positioned to protect their careers and livelihoods.