UAE Probation Period Rules: Notice, Leave & Gratuity

The probation period is the trial period at the start of a new job in the UAE. It gives you and your employer time to see if the job is working well. During this period, the job can usually end with a shorter notice period than normal.

This guide explains the UAE probation rules, including how long probation can last, what happens if you resign or lose your job, and how leave and gratuity work during this time.

What Is the Probation Period in the UAE?

The probation period is the first part of a new job when you and your employer can see if the job is a good fit. The rules come from Article 9 of Federal Decree-Law No. 33 of 2021, which came into force on 2 February 2022.

An employer does not have to use a probation period. It is optional. If the employer uses one, it cannot be longer than 6 months.

You also cannot have another probation period with the same employer, even if you move to a different job or position in the same company.

How Long Is the Probation Period in UAE?

The probation period can be up to 6 months. It starts from the day you actually start working, not from the day you sign your contract. For example, if you sign your contract in January but start work in February, your probation starts in February.

An employer can set a shorter probation period, such as 1, 3, or 5 months. But it cannot be more than 6 months. Once you complete probation and continue working, your months during probation also count as part of your total service.

Termination During Probation Period in UAE

If your employer wants to end your job during probation, they generally need to give you at least 14 days’ written notice. So, your employer normally cannot simply tell you to leave on the same day without notice.

If your employer gives you less than 14 days’ notice or does not give written notice, you can raise the issue with the employer or contact MOHRE if it is not resolved.

Can I Resign During the Probation Period in the UAE?

Yes, you can resign while you are on probation. The notice you need to give depends on what you plan to do after leaving the job. If you are joining another company in the UAE, you generally need to give at least 1 month’s written notice.

If you are leaving the UAE, you generally need to give 14 days’ written notice. If you do not give the required notice, you may have to pay your employer an amount equal to the wages for the notice days you did not work. It is better to resign in writing and keep a copy for yourself.

Can I Resign After a Probation Period in the UAE?

Yes. After you complete probation, the normal notice rules under Article 43 apply. The notice period is generally between 30 and 90 days, depending on what is written in your employment contract.

If either you or your employer does not give the required notice, the other side may be entitled to payment for the notice days that were not served. This is sometimes called payment in lieu of notice.

Sick Leave During Probation Period in UAE

You do not get paid sick leave while you are on probation. Your employer may allow you to take unpaid sick leave if you provide a medical report, but the employer is not obliged or legally binding to give you sick leave during the probation period. So always check your company’s sick leave rules if you become ill during your probation period.

Annual Leave During Probation Period in UAE

Annual leave usually does not apply during the first 6 months of service. Under Article 29, annual leave starts after you complete more than 6 months of service, at a rate of 2 days for each month worked. If your probation is 5 or 6 months long, ask your HR department how your leave balance will be calculated when you reach 6 months of service.

Other Leave During Probation

Some other types of leave may also apply during probation.

Parental Leave

Either parent can get 5 paid working days of parental leave within 6 months of the child’s birth. The law does not specifically say that this leave cannot be taken during probation. If you need it, it is better to confirm the rule with your HR department or MOHRE.

Bereavement Leave

If a close family member dies, you may be entitled to paid bereavement leave. You can get:

5 paid days for the death of a spouse
3 paid days for the death of a parent, child, sibling, grandparent, or grandchild

The law does not make a separate exception for workers on probation.

Emergency Leave

You may see the term “emergency leave” often. However, this is not a separate type of leave mentioned in the labour law. In some cases, people use this term when talking about unpaid leave or situations where an employee can leave the job without notice under Article 45.

Does Gratuity Apply During Probation?

No, gratuity does not apply if your job ends during probation. To receive gratuity, you generally need at least 1 full year of continuous service with the same employer.

This means that even if you complete 5 or 6 months of probation, you will not get gratuity if your job ends before you reach 1 year of service.

Non-Compete Clauses During Probation

Non-compete rules can also be important during probation. Under Cabinet Resolution No. 1 of 2022, a worker is released from a non-compete clause if the employment ends during the probation period.

This applies whether you or your employer ends the job. If your job ends during probation and you plan to join another company, check your contract and the rules that apply to your situation.

Frequently Asked Questions

It starts on the day you actually start working, not the day you sign the contract.

It can be up to 6 months. An employer can set a shorter period, but it cannot be longer than 6 months.

It is generally 14 days if your employer ends your job. If you resign to leave the UAE, it is generally 14 days. If you resign to join another company in the UAE, you generally need to give 1 month’s notice.

You may have to pay your employer an amount equal to the wages for the notice days you did not work.

Yes. You can resign during probation, but you must give the required notice for your situation.

You do not get paid sick leave during probation. Your employer may allow unpaid sick leave if you provide a medical report.

Usually not. Annual leave starts building after 6 months of service under the applicable rule.

No. Gratuity generally requires at least 1 year of continuous service, so you do not qualify if your job ends during probation before reaching 1 year.

Conclusion

The probation period gives you and your employer time to see if the new job is working out. It cannot be longer than 6 months and starts from your first working day.

If your employer ends your job during probation, you generally need to receive 14 days’ written notice. If you resign, the notice depends on whether you are joining another company in the UAE or leaving the country.

Paid sick leave does not apply during probation, and annual leave usually starts building after 6 months of service. Gratuity requires at least 1 year of continuous service.

If you are unsure about your notice, leave, or other rights, check your employment contract and contact MOHRE or a qualified UAE labour lawyer.