How long can a probation period be in the UAE?

Last updated

Up to six months from the first day of work. Article 9 of Federal Decree-Law No. 33 of 2021 allows one probation period per employer, and the employer can end the contract during it with at least 14 days' written notice. Probation counts toward the length of service once the worker passes it.

What each side must give during probation

The employer ends the contract by notifying the worker in writing at least 14 days before the last day. A worker who wants to move to another UAE employer during probation must give at least one month's written notice, and the new employer compensates the original employer for recruitment costs unless they agree otherwise. A foreign worker leaving the UAE gives at least 14 days' written notice.

The party that ignores these periods pays the other the worker's wage for the notice period, or for the part of it not given.

What a worker on probation does not get

Article 31 says a worker is not entitled to paid sick leave during probation. The employer may grant unpaid sick leave on a medical report. Paid sick leave of up to 90 days a year starts only once probation ends.

Probation cannot be repeated at the same employer, so a contractor who rehires someone after a project gap cannot start a second probation.

How SupaJack Construct handles probation

Each employee record carries a probation status. The leave ledger refuses paid sick leave while the employee is on probation and applies the 15, 30 and 45 day sick-leave tiers after it, so the payslip and the leave balance agree with Article 31 without anyone checking by hand.

Related tools and guides

See the UAE labour law guide for contractors, the final settlement calculator, the gratuity calculator, the annual leave calculator, the unpaid leave deduction calculator, payroll and WPS in SupaJack Construct, time and attendance and the meaning of basic salary.

Worked example

A mason starts work on 1 March on a six-month probation. On 10 June the contractor decides not to continue. The earliest lawful last day is 24 June, 14 days after the written notice. If the contractor ends the contract on 10 June instead, it owes 14 days' wages in place of the notice.

Questions people ask

Can probation be extended past six months?

No. Article 9 caps it at six months from the start of work.

Does probation count for gratuity?

Yes. Once the worker passes it, the period counts within the term of service.

Can an employer use a second probation after a promotion?

No. Article 9 allows probation only once with the same employer.

Is the worker paid during the notice in probation?

Yes. The contract continues until the notice ends, so wages continue.

Sources

  1. Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relationship (MOHRE, consolidated)
  2. Employment laws and regulations in the private sector (u.ae)

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