The probation period in Dubai can be a confusing phase for many employees and employers alike. It’s a trial phase where both parties assess compatibility—but even during this time, certain rights and obligations apply. Understanding these legal protections is crucial, and that’s where Labour Lawyers in Dubai play a vital role.
Whether you’re just starting a job or you’re an employer drafting contracts, professional advice from Dubai Lawyers helps ensure the probation period is handled legally and fairly.
What Is the Probation Period in Dubai?
Under UAE Labour Law, a probation period is a maximum of six months during which the employer can assess an employee’s performance and behavior. This period must be clearly stated in the employment contract.
During probation, employers can terminate the employee with 14 days’ written notice. Likewise, if the employee wishes to resign, they must serve notice—either 14 or 30 days, depending on their intent to stay or leave the country.
Labour Lawyers in Dubai emphasize that despite being a “trial period,” this phase is legally structured and not an open license to terminate or resign without consequences.
Key Employee Rights During Probation
Even during probation, employees are not without protection. Here’s what Labour Lawyers in Dubai say about your entitlements:
1. Right to Written Notice
You cannot be terminated or resign without written notice. UAE law requires 14 days’ notice from the employer and up to 30 days’ notice from the employee if leaving the country.
2. Right to Salary and Benefits
You must receive your full salary, including allowances and any benefits specified in the contract, during probation. Delays or deductions without legal justification are not allowed. Dubai Lawyers can help recover unpaid dues if needed.
3. Right to End-of-Service Dues (if applicable)
While you may not qualify for full gratuity benefits unless you complete one year, some allowances or dues (such as unused leave) may still be owed if the contract or company policy provides for them.
4. Right to Medical Insurance
Employers must provide health insurance from the start of employment, including during probation. Labour Lawyers in Dubai can take legal action if employers fail to do so.
5. Right to File a Complaint
If you’re treated unfairly or terminated without proper notice, you can file a formal complaint with the Ministry of Human Resources and Emiratisation (MOHRE). With the help of Dubai Lawyers, your claim can be filed, documented, and pursued effectively.
Common Issues Faced During Probation
Despite legal clarity, disputes during probation are common. These include:
- Sudden termination without notice
- Forced resignations
- Unpaid or delayed salaries
- Termination after injury or medical leave
- Withholding of passport or documents
- Denial of health coverage
Labour Lawyers in Dubai regularly handle such cases and guide clients through the correct legal remedies—often starting with official notices and escalating to formal complaints if necessary.
What If I Want to Leave During Probation?
Employees can resign during probation, but the process depends on their next move:
- If staying in the UAE: 14 days’ written notice is required.
- If leaving the UAE: 30 days’ written notice must be given.
Failure to serve the required notice could lead to a labour ban or the requirement to reimburse the employer for recruitment costs. Dubai Lawyers help employees exit properly without incurring legal risks.
Employer Obligations During Probation
Employers must also adhere to certain rules during this period:
- Draft clear, legally compliant contracts
- Pay full salary and benefits
- Give proper written notice before termination
- Avoid discrimination or exploitation
- Ensure employee medical insurance is in place
Labour Lawyers in Dubai advise companies to document performance reviews and disciplinary actions thoroughly. This ensures any termination can be lawfully defended in case of disputes.
Can an Employer Terminate an Employee Without Reason?
Employers are not required to provide a detailed reason during probation, but they must follow legal notice periods. Failure to do so may result in compensation claims. Dubai Lawyers can challenge unlawful termination if due process is not followed.
Is Termination During Sick Leave Allowed?
No. Terminating an employee on medical leave—even during probation—can be deemed unlawful. Employees have the right to seek treatment without fear of losing their job unfairly. Labour Lawyers in Dubai can intervene if such termination occurs, especially with medical evidence on hand.
Is a Labour Ban Applicable After Probation Resignation?
Yes, depending on the contract type and resignation circumstances, a labour ban may apply. However, Dubai Lawyers can often help avoid or lift such bans, especially if the employee resigns lawfully or shifts to a new sponsor with proper documentation.
Can I Be Terminated After Probation Without Compensation?
Once you’ve successfully completed your probation period, you’re entitled to full employee rights under UAE Labour Law. If the employer terminates you afterward without cause or without proper notice, Labour Lawyers in Dubai can help you claim:
- Notice period pay
- Gratuity (if applicable)
- Unused leave encashment
- Compensation for arbitrary dismissal
Final Thoughts
The probation period may seem like a vulnerable time for employees, but it’s legally regulated to ensure fairness and accountability. Whether you’re facing a sudden dismissal, forced resignation, or are unsure of your rights, seeking professional help is the best move.
Labour Lawyers in Dubai play a key role in clarifying rights, enforcing fair treatment, and pursuing justice when legal lines are crossed. Likewise, Dubai Lawyers also assist employers in maintaining proper records and handling probationary evaluations in a lawful, ethical manner