Employers in UAE Beg the Question: Can the Length of Probationary Periods be Shortened from the Common 6 Months?
In the United Arab Emirates (UAE), the probationary period for new employees is a crucial aspect of employment relations. This period, defined under Article 1 of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, allows employers to evaluate an employee's performance and helps the employee become familiar with their job duties and the work environment.
The law permits employers to set a probation period of up to six months, but it can be shorter if the employer chooses. Extending probation beyond six months is unlawful and may require compensation to the employee. During probation, either party (usually the employer) can terminate the contract with written notice (typically 14 days).
It is essential to note that the applicable probationary period must be expressly stated in the employment contract, as outlined in Article 10 of Cabinet Resolution No. 1 of 2022. If the probation period stated in the employment contract is less than six months, the employee is expected to adhere to the same.
An employee who intends to resign during the probation period and join a new employer should serve one month's notice to their current employer. However, an employer or an employee who terminates an employment contract without adhering to the provisions in the article must pay compensation to the other party, as stated in Article 9(5) of the UAE Employment Law.
Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates, qualified to practise law in Dubai, the United Kingdom, and India, emphasises the importance of understanding the probationary period. He advises new employees to carefully review their employment contracts and seek legal advice if necessary.
Employers in private UAE companies may offer probation periods shorter than six months, but they cannot exceed that duration. It is possible to negotiate a shorter probation period when accepting a job offer if preferred. However, it is crucial to remember that the probation period in the UAE, as defined by law, is a maximum of six months.
For more information or to ask questions, readers can email news@[our website] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai. It is always advisable to be informed and aware of your rights and responsibilities in the workplace.
The UAE Employment Law requires employers to state the probationary period in employment contracts, with a maximum duration of six months, as per Article 10 of Cabinet Resolution No. 1 of 2022. Ashish Mehta, a qualified lawyer, stresses the importance of understanding the probationary period and encourages new employees to carefully review their contracts and seek legal advice if necessary. At the same time, the sports, finance, business, and environmental sectors in the UAE may be monitoring the news for updates on the UAE's employment regulations and employment relations to ensure their companies are compliant.
