UAE probation and notice: Who owes how much notice,
and when.

How long can probation last in the UAE?

Under Federal Decree-Law No. 33 of 2021 a probation period can last up to six months from the day the employee starts. It cannot be extended past six months, and an employee cannot be put on probation twice by the same employer for the same job. If the employee is confirmed, the probation period counts as part of their service.

A second probation is possible only where the employee moves to a different role with the same employer, and both sides agree to it.

How much notice is owed during probation?

Probation does not mean employment can end on the spot. Each side owes written notice, and how much depends on who is ending it and what the employee does next.

A side that ends the contract without giving this notice owes the other a payment equal to the employee's wage for the notice period, or for the part of it that was not served. A foreign employee who leaves during probation without following these rules can be refused a new work permit for a year, subject to the exemptions the ministry sets.

How much notice is owed after probation?

After confirmation, either side can end the contract for a legitimate reason by giving written notice. The notice period is whatever the contract says, within limits the law sets: not less than thirty days and not more than ninety.

• The contract stays in force through the notice period: the employee works and is paid the full wage
• Where the employer gave the notice, the employee can take one day a week without pay to look for another job, after telling the employer at least three days ahead
• The two sides can agree to shorten the notice or waive it, and the employee keeps everything else they are owed

How is pay in lieu of notice worked out?

A side that does not serve the notice, or serves only part of it, pays the other the wage for the days not served. The law calls this the notice period allowance. It is worked out on the employee's last wage, which means the whole wage with allowances and not only basic salary.

Paying notice on the whole wage is the opposite of gratuity and of untaken leave, which are both paid on basic, and it is the line of a final settlement most often calculated on the wrong figure.

When can an employer dismiss without notice?

Article 44 of the law lists the cases where an employer can dismiss without notice. It can only be done after a written investigation, and the dismissal has to be in writing, with its reasons, and handed to the employee. The cases are:

• Using a false identity or nationality, or submitting forged documents or certificates
• A mistake that caused the employer a substantial material loss, or deliberate damage to the employer's property, reported to the ministry within seven working days of the employer learning of it
• Breaking the safety rules of the workplace, where those rules were in writing and displayed, or explained to an employee who cannot read
• Failing to carry out the basic duties of the job, and continuing to after a written investigation and two written warnings
• Disclosing a work secret that caused the employer a loss or a missed opportunity, or brought the employee a personal gain
• Being drunk or under the influence of drugs during working hours, or an act against public morals at the workplace
• Assaulting the employer, a manager or a colleague in the course of work
• Absence without a lawful reason for more than 20 separate days in a year, or more than 7 days in a row
• Using the position for personal gain
• Taking a job with another employer without following the rules for doing so

Dismissal under Article 44 removes the notice. It does not remove the end-of-service gratuity, which under the current law is owed however the employment ends once a year of service is complete.

When can an employee leave without notice?

Article 45 gives the employee the matching right. An employee can leave without notice, and keep everything owed at the end of service, where:

• The employer has broken its obligations under the contract or the law, the employee told the ministry at least 14 working days before leaving, and the employer did not put it right
• The employer or its representative assaulted or harassed the employee at work, and the employee reported it to the authorities within five working days of being able to
• There is a serious danger to the employee's safety or health at the workplace, which the employer knew of and did nothing to remove
• The employer assigned the employee work that is fundamentally different from the job agreed in the contract, without the employee's written consent, other than in a case of necessity

What counts as unlawful termination?

Ending an employee's contract because they filed a serious complaint with the ministry, or brought a claim against the employer that was shown to be valid, is unlawful. A court can award compensation of up to three months' wage, on top of the notice pay and the end-of-service dues the employee is owed anyway.

When is the final payment due?

Whoever ended the contract and however it ended, the employer has to pay the employee's wages and all other entitlements within fourteen days of the date the contract ends. The fourteen days cover the whole settlement: outstanding salary, untaken leave, notice pay where it is owed, and gratuity.