Rights and Obligations While On Probation in the UAE

Although the first few months of your employment would fall under the "probation period," which is when the employer will assess the quality of your work, you still have rights and responsibilities that are outlined in the UAE's Labour Law. What if the work culture does not match your expectations? Can you be asked to leave if you fail to deliver?

• WHAT DURATION OF PROBATION IS INCLUDED?

?Federal Decree Law No. 1, the labor law of the United Arab Emirates, It is a period required by the employer, which enables them to keep track of the employee's performance and allows the employee to get accustomed to the job duties and working environment, and based on which the employment contract is either continued or terminated in accordance with the labor law's provisions.

?You should be aware of the following seven rights and obligations as you complete your probation:

1. The trial run cannot last longer than six months.

Up to six months may pass during your probationary period. This can only be done for a total of six months.

?When determining your eligibility for gratuity and annual leave, the probationary period will be factored into your total period of service if you successfully complete it and stay on with the company.

2. You are entitled to sick time.

Employees on probation have the right to sick leave, but it can only be used for unpaid time off. According to Article 31 of the UAE Labour Law, you are allowed to take time off if you become ill, but you will not be paid for that time.

3. You might be able to take a vacation.

During your probationary period, you may use a portion of your annual leave allowance, but the request must be approved by your employer, who has the right to refuse the leave. According to Labor Law Article 29(3), this is the case.

4. You should receive adequate notice from your employer if you are fired while on probation.

According to Article 9(1) of the UAE Labour Law, if your employer decides to end the contract during the probationary period, they must give you a written 14-day notice. According to the clause, "The employer may appoint the worker under a probationary period not to exceed six months from the date of commencement of work. The worker must be notified in writing at least 14 days prior to the date specified for termination of employment before the employer can terminate the employee's employment during this time. ".

5. This is the notice period you should give if you want to resign.

The required notice period varies depending on your reason for leaving the position. You must provide one month's written notice if you are quitting your job in order to work for another company in the UAE.

Additionally, unless otherwise agreed upon, your new employer is required by UAE labor law to reimburse the prior employer for the costs associated with hiring you or contracting you.

?You should provide your employer with a 14-day notice if, on the other hand, you intend to quit because you want to leave the United Arab Emirates. In this case, unless there is an existing agreement between the original employer and employee, the new employer is required to pay the compensation of recruitment costs outlined in the law if you decide to return to the UAE and join a new company within three months of leaving.

6. You risk a one-year labor ban if you fail to give the required notice.

A worker who leaves the UAE without abiding by the law's requirements will not be given a work permit to work in the UAE for a period of one year following the date of departure, according to Article 9(6) of the Labour Law.

?The rule does not always apply, though. In Section 28.1 of Ministerial Decree No. There are some groups that are exempt from the labor ban as of January 1, 2022:-

?6.1??The employee with a residence permit sponsored by family.

6.2??The employee who uses the same business to apply for a new work permit.

6.3??The employee who possesses the professional credentials, abilities, or levels of knowledge that the State requires.

6.4??Holders of a Golden Visa.

Any professional categories determined by resolution of the Minister [of Human Resources and Emiratisation] in accordance with the workers' classification approved by the Cabinet in accordance with the needs of the State's labor market.

7. You might have to pay your employer if you break your contract while you're on probation.

Under the terms of Article 9 of the Labour Law, "the new employer shall compensate the original employer with the costs of recruiting or contracting with the Employee, unless agreed otherwise," if an employee leaves their position during their probationary period. Therefore, the employer may request it if your contract stipulates that, in the event of a resignation during the probationary period, the employee is responsible for covering the costs of contracting or recruiting.

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