From 2 February 2022, Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relationships will govern how probation works in the UAE private sector. Under this law, probation is a formal part of the employment contract, and both employers and workers must comply with specific notice and compensation requirements. As a licensed government services centre in Dubai, EGSH helps employers and workers correctly complete related MOHRE procedures that require official applications or clarifications.
This article explains what the probation period in the UAE labour law is, how long it can last, and when it starts. It then covers termination during probation, notice requirements, compensation and possible work permit restrictions, as well as day‑to‑day rights to working hours, weekly rest, overtime, sick leave, bereavement and parental leave, pay and handling of documents.
A separate section clarifies the distinct six‑month regime for domestic workers recruited through MOHRE‑approved centres, and a checklist at the end summarises key steps for both parties. The information reflects MOHRE and UAE Government guidance and is for general information only, not a substitute for individual legal advice.
Legal Framework and Who the Probation Rules Cover
Probation rules form part of the general framework regulating employment relationships in the UAE private sector. The law applies to workers employed under MOHRE‑regulated contracts in mainland companies and, in many cases, in free zones unless a separate, explicit labour regime applies there.
The provisions on probation in this law broadly cover private‑sector employees, including most expatriate workers, and set out the core MOHRE probation rules on notice, maximum duration, and consequences of breach. Domestic workers, such as live‑in housekeepers, nannies, or drivers, are subject to a separate regime, with a six‑month period that operates differently through recruitment offices; that specific system is addressed in a later section to avoid confusion.
Workers and HR teams in free zones should check any zone‑specific rules, but in practice, the federal law is often treated as the baseline standard unless more detailed local regulations override it.
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Duration, Start and Repetition of Probation
Under the UAE Labour Law probation period rules, probation in the private sector may not exceed six months from the date the worker actually commences work. The start date is the real commencement date shown in the employment contract and used in MOHRE systems, not the date of signing or visa issuance if those differ.
The parties may agree on a shorter probation period, for example, one, three or five months, but they cannot agree to any period longer than six months. Once this agreed period expires, the worker either leaves or continues in employment; if they continue, the contract is treated as fully valid on its original terms without any new or extended probation. The law also states that a worker cannot be placed on probation more than once with the same employer, so an employer cannot re‑hire the same person and restart a trial period for the same role.
Time spent on probation counts towards the worker’s total length of service under the contract. This becomes significant for entitlements that depend on service length, such as eligibility for end‑of‑service gratuity after one year and statutory sick leave after the end of probation. When drafting contracts, HR teams should therefore ensure the probation clause clearly states the length, start date and that the period is included in continuous service.
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Ending Employment or Changing Jobs During Probation
During probation, both parties have greater flexibility to end the employment relationship than in later stages of the contract, but this flexibility is structured by Article 9 of the Labour Law. The article distinguishes between several scenarios: termination initiated by the employer, termination by a worker who wishes to move to another UAE employer, termination by a worker who intends to leave the UAE, and cases where notice rules are not respected.
Employer Termination During Probation
During the probation period, an employer may terminate a worker’s employment without being subject to a statutory notice requirement, unless a notice period is expressly agreed in the employment contract. UAE labour law does not require the employer to state a specific reason for termination during probation, although many organisations document internal reasons as part of their HR practices and to mitigate potential disputes.
Where the employment contract does provide for a notice period during probation, the employer must comply with the agreed terms. Failure to observe a contractually agreed notice period may require the employer to compensate the worker with an amount equivalent to the wage for the notice period, or the remaining part of it. This compensation is calculated based on the worker’s wage at the time of termination and is separate from other final dues, such as payment for days worked.
Worker Moves to Another Employer Inside the UAE
A worker on probation who wants to change jobs and join another employer in the UAE must notify their current employer in writing at least one month before the intended termination date. This one‑month notice requirement applies only when the worker is moving to another UAE employer during probation; it is longer than the 14‑day period that applies if the worker simply intends to leave the country.
When a worker joins a new employer in the UAE during probation, the Labour Law requires the new employer to compensate the original employer for recruitment or contracting costs, unless the parties agree otherwise.
This compensation is a matter between employers and does not change the rule that the worker cannot be charged recruitment or employment fees directly or indirectly. Any attempt to pass such costs on to the worker would contradict the probation rules in the UAE's private-sector legislation, which place recruitment expenses on employers.
Worker Ends Contract to Leave the UAE
A foreign worker on probation who decides to terminate the contract in order to leave the UAE must give the employer at least 14 days’ prior written notice. This allows the employer to plan for replacements, adjust work schedules, and manage visa cancellations and other exit formalities in an orderly way.
If that foreign worker later returns to the UAE within three months from the date of departure and obtains a new work permit, the new employer must reimburse the original employer’s recruitment or contracting costs. The law allows a different agreement between the original employer and the worker on this reimbursement, but it does not permit shifting the original recruitment costs to the worker in breach of the general prohibition on charging such fees to employees.
Consequences of Not Complying With Notice Rules
If either party terminates the employment contract during probation without complying with the relevant notice rules in Article 9, that party must compensate the other with an amount equal to the worker’s wage for the notice period or the remaining part of it. This rule applies whether the required notice was 14 days (for employer termination or worker leaving the UAE) or one month (for a worker moving to another employer inside the UAE).
Where a foreign worker leaves the UAE during probation without observing the applicable Article 9 notice requirements, the Labour Law allows MOHRE to deny that worker a new UAE work permit for one year from the date of departure. The Ministry may exempt certain categories from this restriction, but in practice, the possibility of a one‑year ban creates a strong incentive to follow proper notice procedures. Workers who face difficulties in giving notice, for example, due to serious misconduct by the employer, should seek prompt advice from MOHRE or a qualified adviser before deciding to exit.
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Working Hours, Weekly Rest and Overtime During Probation
Probation does not change the basic protections on working time set by the Labour Law for the private sector. Normal working hours may not exceed eight hours per day or 48 hours per week, except in specific sectors where Cabinet decisions allow different arrangements, and these limits apply from the first day of employment, including during probation.
A worker may not work more than five consecutive hours without one or more breaks totalling at least one hour, and these breaks are not counted as working hours. Every worker is entitled to at least one paid weekly rest day, and employers may grant more than one weekly rest day if they wish; if a worker is required to work on their weekly rest day, the employer must provide either a substitute rest day or pay plus at least 50% of the basic wage for that day.
Overtime beyond normal hours may not exceed two hours per day and must be paid at the normal wage based on the basic salary plus at least 25%, or at least 50% if the overtime is between 10 p.m. and 4 a.m., except for certain shift workers.
| Aspect | Legal Standard (Private Sector) | Applies During Probation? |
|---|---|---|
| Standard working hours | Max. 8 hours per day / 48 hours per week | Yes |
| Breaks during the day | At least 1 hour total break after max. 5 consecutive hours | Yes |
| Weekly rest | At least 1 paid weekly rest day | Yes |
| Work on weekly rest day | Substitute rest day OR pay + ≥50% of basic wage | Yes |
| Daily overtime limit | Max. 2 hours beyond normal hours per day | Yes |
| Overtime pay (daytime) | Normal wage + ≥25% based on basic salary | Yes |
| Overtime pay (10 p.m–4 a.m) | Normal wage + ≥50% based on basic salary (except shift work) | Yes |
Employers should ensure that probationary employees are rostered and paid in the same way as confirmed staff for working hours and overtime calculation. Workers should keep a record of hours worked and raise discrepancies through internal HR channels or, if unresolved, with MOHRE using available complaint mechanisms.
Sick Leave, Bereavement and Parental Leave in the First Six Months
The Labour Law clearly distinguishes between sick leave during probation and sick leave after probation, but grants other statutory leaves from the first day of employment without excluding probationary workers. Understanding these differences is essential for both employees planning time off and for HR teams setting internal leave policies that are consistent with the law.
Illness and Sick Leave During Probation
If a worker falls ill from a non‑work‑related cause during probation, they must notify the employer within three working days and provide a medical report from a recognised medical entity confirming the illness and need for leave. This procedural requirement applies even though the worker has no automatic right to paid sick leave during the probationary period.
During probation, the employer may grant sick leave without pay if the medical report states that leave is necessary, but this is at the employer’s discretion within the law. Once probation ends and the worker continues in service, they can become entitled to up to 90 days of sick leave per year: the first 15 days with full pay, the next 30 days with half pay, and any remaining days in the 90‑day allowance without pay. HR policies should therefore separate rules on sick leave during probation from those applied after confirmation.
Bereavement Leave During Probation
The Labour Law grants paid bereavement leave to private‑sector workers: five days on the death of a spouse and three days on the death of specified close relatives, starting from the date of death. The statutory text applies this entitlement to workers generally and does not exclude those in their probationary period, so workers are entitled to these days of paid leave from the start of employment if the qualifying event occurs.
Employers must therefore process bereavement leave requests for probationary staff on the same terms as for confirmed employees, subject to usual verification, such as death certificates where reasonably required. Workers should follow internal notification procedures, but can rely on the law for the basic right to paid leave in these circumstances.
Parental Leave During Probation
Under the Labour Law, either parent working in the private sector is entitled to five working days of paid parental leave, to be taken within six months of the child’s birth. The entitlement is available to both mothers and fathers, and the leave days may be taken consecutively or intermittently according to company policy, as long as they fall within the six‑month window.
The law does not carve out or exclude workers on probation from parental leave, so this right applies from day one for eligible parents who meet the conditions. Employees should follow employer procedures for requesting parental leave, and HR should ensure that probation clauses and internal handbooks reflect this statutory entitlement alongside any additional organisation‑specific benefits.
Pay, Recruitment Costs and Official Documents During Probation
All private‑sector workers, including those in their first six months, are entitled to receive their wages on the due date in accordance with MOHRE regulations, including the Wage Protection System where applicable. The fact that a worker is on probation does not allow the employer to delay or reduce the agreed salary, except as explicitly permitted by law or by mutual agreement consistent with legal standards.
The employer is responsible for paying all recruitment and employment fees and may not recover such costs from the worker directly or indirectly, including during the probation period. When the Labour Law refers to compensation of recruitment or contracting costs in job‑change scenarios, it refers to reimbursement between the old and new employers, not payment by the worker. In addition, employers are prohibited from withholding workers’ official documents, such as passports, and cannot force a worker to leave the country at the end of the contract; these protections apply from the beginning of employment and are not suspended during probation.
Workers should therefore treat demands for a recruitment fee reimbursement or passport surrender as red flags and report them to MOHRE. Employers, for their part, should structure their internal policies and contracts to reflect that recruitment costs are a business expense, while ensuring that any inter‑employer reimbursements linked to probationary job changes are properly documented.
End‑of‑Service Gratuity and Counting Probation Service
Time spent on probation is part of the worker’s continuous service and must be counted when calculating entitlements that depend on length of service. However, under the Labour Law, a foreign worker in the private sector only becomes entitled to end‑of‑service gratuity after completing at least one year of continuous service.
If the employment relationship ends during the first six months, there is generally no entitlement to end‑of‑service gratuity, even though that period is counted as service for other purposes, such as experience records or later calculations if the worker is re‑employed without a break in continuity. Where the worker completes probation and continues working beyond one year, the entire period from the start date, including probation, is included in the gratuity calculation under the formula applicable to their contract type and wage structure.
Workers planning whether to stay with an employer beyond probation should bear in mind that only the completion of one full year of service starts the gratuity entitlement. Employers should clearly explain this in orientation materials to prevent misunderstandings about the end of service during probation in UAE workplaces.
Special Note on Domestic Workers’ Probation Through MOHRE‑Approved Centres
Domestic workers, such as housemaids, nannies, cooks and private drivers, are covered by a specific legal framework and set of standard contracts distinct from the general private‑sector Labour Law. According to MOHRE guidance on licensed domestic worker recruitment agencies, the first six months of the two‑year contract for domestic workers recruited through approved centres constitute a probation period.
During this six‑month probation, the recruitment office must either refund the full recruitment cost to the employer or provide a replacement worker in certain defined cases. Examples include a domestic worker leaving work without a valid reason or being found medically unfit to perform their duties. These rules are designed to protect households from financial loss when engaging domestic staff and to discourage dealing with unlicensed agencies that do not provide such guarantees.
It is important not to confuse this six‑month domestic worker probation with the general private‑sector probation provisions applying in other sectors. While both use a six‑month benchmark, the domestic worker regime focuses heavily on the relationship between the recruitment office and the employer, as well as on consumer protection aspects, whereas the general Labour Law regime focuses on employment rights and obligations between employer and worker.
Practical Checklist for Workers and Employers During Probation
A structured approach during the first six months reduces later disputes and helps both sides comply with the UAE Labour Law probation period requirements. Workers should ensure that their employment contract clearly states the length and start date of any probation period and keep copies of signed contracts, offer letters and any subsequent amendments. When considering resignation to join another employer or to leave the UAE, workers must respect the written notice periods (one month when moving to another UAE employer during probation, 14 days in other probation scenarios) and keep dated copies of all notices sent.
If a worker falls ill during probation, they should notify the employer within three working days and obtain a medical report from a recognised medical entity, understanding that any sick leave granted is normally unpaid at this stage. Workers should also monitor working hours, weekly rest and overtime, and raise discrepancies early through the company’s HR department or MOHRE channels, rather than waiting until conflict escalates.
Employers should document probation terms in every employment contract, including the maximum duration and conditions for confirmation, and ensure that internal HR practices align with MOHRE's probation rules. Termination decisions during probation should be recorded, with at least 14 days’ written notice to the worker, and all final payments (wages, outstanding leave, ticket where applicable) should be settled promptly.
Employers must comply with working hours, weekly rest, and overtime rules from day one, pay wages on time, refrain from withholding passports or other official documents, and avoid charging workers any recruitment fees.
FAQ
What Is the Probation Period in the UAE Labour Law and How Long Can It Last?
Under Federal Decree-Law No. 33 of 2021, the probation period in the UAE is six months. This rule stipulates that the probation period cannot exceed 6 months from the date the worker commences work. The parties may agree on a shorter probation period in the contract, but they cannot agree to extend probation beyond six months or restart probation with the same employer. Once the probation period ends and the worker continues in service, the contract is treated as fully effective on its agreed terms.
How Much Notice During the Probation Period in the UAE Must Employer or Employee Give?
If the employer terminates during probation, they must give the worker at least 14 days’ prior written notice. A worker who wants to change jobs and move to another employer inside the UAE during probation must give one month’s written notice to the current employer, while a worker who intends to terminate and leave the UAE must give at least 14 days’ written notice. Failure to respect these notice periods requires the breaching party to pay compensation equal to the wage for the relevant notice period or its remaining part.
Can an Employer Terminate During Probation in the UAE Without Giving Reasons?
Yes, an employer may terminate employment during probation without proving specific grounds, such as poor performance, provided they comply with the 14‑day written notice requirement. If the employer dismisses the worker immediately or with shorter notice, they must compensate the worker with an amount equal to the wage for the full notice period or the remaining part. Any additional contractual protections agreed between the parties must also be respected alongside the statutory minimum.
Do I Get Sick Leave During Probation in the UAE, and Is It Paid?
A worker who falls ill from a non‑work‑related cause during probation must notify the employer within three working days and provide a medical report from a recognised medical entity. However, the worker is not entitled to paid sick leave during the probationary period; the employer may, at its discretion, grant sick leave without pay if the medical report shows that leave is necessary. Once probation is completed and employment continues, the worker can access up to 90 days of sick leave per year with a combination of full pay, half pay and unpaid days, provided the conditions in the law are met.
Are Overtime and Weekly Rest Applicable During Probation in the UAE?
Yes, the Labour Law’s rules on standard working hours, weekly rest and overtime apply from the first day of employment, regardless of probation status. Workers are generally limited to eight hours per day or 48 hours per week, must receive at least one paid weekly rest day, and may not work more than five consecutive hours without a break of at least one hour not counted as working time. Any overtime beyond normal hours must respect the daily two‑hour limit and be paid at the required premium rates, including higher pay for work between 10 p.m. and 4 a.m., except for certain shift workers.
Can I Change Employer During Probation in the UAE Without a Ban?
A worker can change employers during probation by giving the current employer at least one month’s written notice and then joining the new employer under a valid work permit. In this scenario, the new employer must compensate the original employer for recruitment or contracting costs unless the parties agree differently, but the worker cannot be charged those costs. Where the proper notice process is followed, MOHRE normally does not impose a work permit ban linked solely to a lawful job change during probation.
What Happens If I Leave the UAE During Probation Without Giving Proper Notice?
If a foreign worker leaves the UAE during probation without respecting the Article 9 notice requirements, MOHRE may deny that worker a new UAE work permit for one year from the date of departure, subject to any exempted categories. In addition, the worker may be liable to compensate the employer with an amount equal to the wage for the missed notice period, or for the remaining part thereof. Observing the 14‑day written notice rule before departure reduces the risk of both financial claims and future permit restrictions.
Does Probation Count Towards the End of Service in the UAE?
Yes, time spent on probation counts towards the worker’s total continuous service under the contract and is included when calculating rights that depend on service length. However, a foreign worker only becomes entitled to end‑of‑service gratuity after completing at least one year of continuous service, so termination during the first six months usually does not generate a gratuity entitlement. If the worker stays beyond one year, the entire period from the original start date, including probation, is used in the gratuity calculation according to the statutory formula.
Explained by
Amira Ali Al Hammadi
Labour & Tasheel Services Consultant at EGSH
Amira Ali Al Hammadi is a specialised service provider with nine years of experience delivering MOHRE-related Labour and Tasheel services. Her professional expertise covers establishment and employee procedures, including renewals, cancellations, amendments, fine payments, employment contracts, and compliance support for companies of all sizes.
This article is intended to provide general information based on official UAE sources, and does not constitute personalised legal advice. Before acting, applicants should verify the current rules and fees directly with the relevant authority or an authorised service centre.
