When an employee starts a new job in Dubai, there is normally a probation period during which both the employer and employee are on trial for a set period of time. This is the period in which the employer is testing the new hire to see if they are a good fit. The employee is deciding if the job, the team, and the work environment are what they expected.

In Dubai, probation is a formal, regulated process. The law strictly regulates its duration, documentation in the employment contract, as well as the notice of termination of employment before the end of the contract.

Employers and employees should be aware of these provisions to avoid legal consequences.

Definition of a Probation Period in Dubai

A probation period in Dubai is a trial period when an employee starts a new job. During this time, the employer assesses the employee’s work performance, skills, and suitability for the position, while the employee evaluates the work environment. 

Probation in Dubai is different from many other countries in that it is strictly regulated by law with specific rules. Employers cannot put their employees under probation for more than one period for the same job, and a contract that does not include probation is considered a regular, permanent employment contract with full employee rights and protections.

Lengths of Probationary Periods in Dubai

Article 9 of the UAE Labour Law, Federal Decree-Law No. 33 of 2021, regulates probation periods and states that they can last for a maximum of six months. It must be mentioned in the employment contract. This is a strict legal maximum, and the employer cannot extend probation by continuing to re-hire or re-sign contracts. Probation periods can be shorter, three or four months, for example, but can’t be longer than six months.

If an employer successfully completes the probation period, they become a full-time employee under the same contract unless the employer and employee agree to terminate it.

Permanent or Indefinite Contracts

As of February 2022, all contracts must be fixed-term contracts as per the latest amendment to the Labour Law.

Before this amendment, there was such a thing as an indefinite contract, also known as a permanent contract in Dubai. In this case, if an employee was on probation and signed an indefinite contract, they had to change their contract to a fixed-term one, valid for no more than three years and extendable with the agreement of both the employer and the employee.

Fixed-term or Definite Contracts

As Dubai’s labor market has moved towards fixed-term contracts only, probation remains a trial period at the beginning of the contract. The probation period must not exceed the six-month legal limit.

Employers should state the exact probationary period in the contract and must give at least 14 days’ notice if they want to terminate the contract during probation. 

Legal Considerations for Probation Periods in Dubai

Dubai has specific laws regarding probation to ensure the rights of both the employer and the employee. Employers cannot terminate an employee during probation without a legal procedure, and vice versa; employees are allowed to leave, but they must follow the notice period.

If an employee leaves during probation and immediately joins a new UAE employer without following the required notice period, then the previous employer can ask the new employer for payment of half of one month’s wage, as compensation.

The probation period must also be agreed in writing, and employers are not allowed to put an employee on probation for the same job more than once.

Pay and Working Conditions

Dubai employees on probation are entitled to a salary and working conditions stated in the employment contract. There is no minimum wage requirement specifically for probationary employees, so employers are required to pay the agreed-upon salary from the start of the probation period.

Minimum wage in the UAE is not nationally mandated for expatriate workers. However, Emirati citizens are paid according to minimum wage regulations issued by the Ministry of Human Resources and Emiratisation.

Working hours for probationary employees are the same as for regular employees, including eight hours per day or 48 hours per week, with a one-hour break after five consecutive hours of work. Overtime pay, rest days, and other working conditions are also required during probation.

Termination and Notice

Contracts can be terminated during probation in Dubai, but notice is required on both sides. 

The employer must provide at least 14 days written notice if they want to end the contract, whereas an employee must give 30 days’ notice if they are leaving to take another position in the UAE, or 14 days’ notice if the employee is leaving the country entirely. 

Any employee leaving without notice in the UAE, especially when the move isn’t justified, can be banned for a year in the UAE. Employers who fail to comply with the termination and notice regulations can also face legal issues.

Vacation / Holidays

Probationary employees in Dubai are not eligible to receive any paid annual leave until after six months of completed service. During the period of probation, they are entitled to official public holidays with full pay. UAE holidays include Eid Al Fitr, Eid Al Adha, and National Day.

Employers can’t force their employees to work on public holidays without consent, and if they do, they must be paid at 150% or substituted with a day off. Sick leave during probation is unpaid.

Benefits of Probation Periods in Dubai

The probation period is a useful trial phase for both the employer and the employee. It’s more flexible than regular contracts and allows both sides to evaluate each other before making a long-term commitment.

  • For Employees

Probation periods in Dubai are a chance for employees to find out more about the employer, the work atmosphere, and the colleagues that they will be working with.

In case the job doesn’t meet their expectations or they don’t like anything about it, including pay, conditions, or future career options, it is much easier to leave during the probation period than after.

Probation periods also give employees a chance to prove their abilities and high performance. This could allow them to renegotiate their salary and request a higher position in the future.

  • For Employers

Dubai probation periods are very useful for the employer to evaluate their new hires. Hiring employees is not always a smooth process, and even if an employer has a good record of not making any hiring mistakes, they might make one that leads to a long-term, unwanted commitment.

Probation periods of up to six months give the employer enough time to decide whether a new employee deserves a permanent position or not. Employers can monitor the employee’s behavior, team fit, attitude, and productivity during this period.

Termination is easier, with fewer legal requirements and ramifications. This reduces the risk of unwanted long-term commitments.

Conclusion

Dubai’s probation period is a legally regulated period to benefit both employees and employers. The law is transparent about the types of contracts, their maximum duration, notice period, and employee rights. 

Both the workers and the employers must be familiar with the probation period regulations. It will keep the employers from getting into trouble, as a violation could end in major legal issues. The new employee can have their rights protected from day one during the probation period, and by knowing the details about terminating a contract, going on vacation, or becoming a permanent employee.

If you are hiring in Dubai, RemotePeople can help. With us,  you don’t have to worry about managing contracts, compliance, tax regulations, and local labor laws. We deal with all the paperwork and regulations so you can work on the tasks that move the needle for your company.

Frequently Asked Questions

The maximum legal length is six months. Employers are not allowed to extend it longer than that. It must be clearly stated in the employment contract.

Yes, an employee can leave during probation. They must give a 30-day notice if they are moving to another job in the UAE, or a 14-day notice if they are leaving the country.

Yes, employees must be paid the full salary agreed upon in their contract during probation.