Landing a great job in Dubai may be the goal for several expats that look this place as the perfect one to flourish and grow professionally. However, besides looking for vacancies, you have to learn about the UAE employment law. It’s essential to learn about every aspect, including termination during probation period in Dubai.
Perhaps you may think it’s not necessary to get to know more about the laws and regulations. But, the truth is that knowing this may help you avoid issues during your employment in the UAE.
In this article, you’re going to gain insight on the probation period and termination. You’re going to understand about the Resignation during probation period in unlimited contract and limited contract as well. Let’s observe:
- 5 things you need to know about termination during probation period in Dubai
- What is the probation period in UAE?
- What are the rules regarding the probation period in UAE?
- How long does the probation period last?
- How can Connect Resources assist you to understand the UAE Employment Law?
- What are the most common questions regarding termination during probation period?
- Can an employee resign during the probation period?
5 things you need to know about termination during probation period in Dubai
When you land a new job in Dubai you may feel excited to begin. You can have a great quality of life in the UAE, and you can even bring your family with you.
However, you must be very well-informed about every aspect of your new employment. There may be some terms that you may come across to and you may not know what they mean. We’re referring to the probation period.
In some countries, the probation period doesn’t exist, and for this reason it may cause confusion to foreigners. Nevertheless, in the UAE is highly important to know your rights and responsibilities during this period.
Therefore, it’s essential to learn about every aspect, even about the Termination during probation period in Dubai.
Why should you learn about termination?
Since finding a job in the UAE is your main goal, you may be reluctant to learn about Resignation during probation period UAE. However, it’s crucial to get enough understanding about this matter. This way, you won’t face any difficulties or issues with your employer in case anything happens.
In addition, it’s also essential to get to know about the Probation period rules in UAE. This is because as an employee you have responsibilities that you must fulfill and You can contact HR Consultancy experts here.
What is the probation period in UAE?
Before starting to learn about the Termination during probation period in Dubai, it’s important to learn about what this period is.
In the UAE Labour Law there’s a provision for the probation period. Its main goal is to allow employer to get to know if a new hire is suitable for the job or not. It’s kind of like a test for the employee to prove that he or she is the right fit for the position.
Whenever an individual gets a new job, he or she has to undergo a probation period. Some people may wonder when does the probation period start UAE, and here we have the main characteristics of it:
- It can’t exceed a six month duration but it can be shorter (on the employer’s discretion)
- Some benefits are limited for the employee
- The employee undergoes a performance screening and thorough evaluation
- The employee on probation period doesn’t have an offer of permanent designation
- If the employer considers that the evaluation is successful then the employee may become a permanent one.
What is the goal of the probation period?
The probation period works as an assessment of the employee’s performance. During this first few months, the employer evaluates the employee to see if he or she deserves a permanent position and Here we have more information about the NOC in UAE.
What are the rules regarding the probation period in UAE?
To know about Termination during probation period in Dubai it’s essential to understand about the rules and regulations behind it.
Here we have some of the regulations under the UAE Labour Law:
Maximum probation period
According to the Article No. 37 of the Federal Labour Law No. 8 of 1980, the duration of the probation period should not exceed six months.
If the probation period exceeds this maximum period, it will be unlawful. In this regard, the company should compensate the employee or face any other consequence and Get to know more about the topic of visa cancellation process in the UAE.
Termination without notice
Another of the Probation period rules in UAE relates to termination without notice. According to the Article No. 120 of UAE Labor Law, the company has the right to terminate the employee if her or his performance isn’t as expected or on par with the metrics.
In the case of a probationary employee with a limited term contract, an employer also has the right to terminate well in advance to the contract’s expiry date.
Employee’s resignation rights
While an employee is on probation on the UAE, he or she is entitled to resign at any moment. However, it’s advised to employees that they should carefully go through the contract before resigning during the probation period and Here you can learn why you should take your business into the digital marketplace.
During the probation period in the UAE, the employee may not request a paid sick leave since it’s not allowed. However, if the employee needs to take some time off whilst on probation, the employee can discuss it with the employer.
According to the UAE Labor Labor, there are not gratuity payments for employees during probation period. If the employee completes the probation period and continues working for a year, the employee can receive full gratuity.
How long does the probation period last?
Another important thing you should know in relation to Termination during probation period in Dubai is determine how long you’re on probation.
Some employers may choose to have a shorter probation period, which can last about two or three months. Other companies may decide to have a long probation period of six months.
However, it’s important to note that there’s not a UAE Labour law probation period extension. It’s not allowed to extend the probation period beyond six months.
Can the employer extend the probation period?
Since the probation period can be misunderstood by both employer and employee, it’s important to clear some doubts about it.
A common misconception individuals have is that the probation period can be extended. According to the UAE Labour Law, the employee can’t be kept under a probation period for more than six months.
Therefore, if an employer offers an UAE Labour law probation period extension, you must know your rights. It can be shorter than six months, but this is the maximum duration and further for Recruitment you can Contact recruitment Agencies in dubai and get benefited by thier services for your business in the UAE here.
What are the most common questions regarding termination during probation period?
The rules regarding Termination during probation period in Dubai are pretty straightforward. However, there may also be some doubts about it. For this reason, it’s important to clarify any question you may have.
Can an employee resign during the probation period?
An employee can carry out the Resignation during probation period in unlimited contract. However, an employee on a limited term contract can’t resign until the expiry of his or her contract and here you can See the reasons why you shouldn’t work in the UAE without a work permit.
Do I have to pay for visa charges?
A common fear that employees may have regarding termination during the probation period is related to visa charges, Some individuals may be reluctant to resign because they don’t want to reimburse or compensate visa expenses to his or her employer. According to the UAE Labour Law, the employer has to bear all the costs for your employment visa and a company can’t request reimbursements in this matter and Now Get to understand more about the myths that surround the staffing industry.
Can the employer terminate my employment without notice?
The employer has the right to terminate your employment if you’re deemed as unqualified for the job. In addition, if you’re terminated you won’t receive severance pay and compensation benefits. This is as stated in the UAE Labour Law.
When does the probation period start?
A common doubt that many employees may have is the following: When does the probation period start UAE.
The probation period runs from the date of hire for the amount of months set, which is 6 months usually. However, this may depend on your work contract and the agreement you both have set and Discover how you can decrease errors in your payroll with accurate data.
Can I resign at any time during probation period?
As an employee, you have the right to resign whenever you want during the probation period. However, this is only for employees under an unlimited term contract.
In case of an employee under a limited term contract, he or she may go through the following:
- Serve a notice period
- Pay some compensation (Article No. 116 of UAE Labour Law)
In this regard, it’s important to review the terms of your contract before making this decision. If you’re fully aware of what you’re going to face with early resignation, you may be able to face the liabilities you’ll incur.
When can I leave without notice?
According to the Article No. 121, the employee may leave work without notice in the following scenarios:
- Employer breach of obligations towards the employee (as set forth in the law or in the employment contract)
- If there’s an assault on the employee by the employer or legal representative
What happens to an employee on limited term contract if resigns on probation period?
For employees on a limited term contract it may be more challenging to resign. Since he or she is not able to resign until its expiry, they may face an employment ban of one year.
This is something that most people don’t want because they’d like to find another job in the UAE. However, the employer and employee may agree to terminate a limited contract after completed six months. This is stated in Article 1 (l) (2) of the Ministerial Decree No. 1094 of 2016.
If this is the case, the employee won’t receive an employment ban and he or she may receive a new permit. However, this doesn’t apply to the following workers:
- Skill levels 1, 2 and 3
- Employees on skill levels 4 and 5 if they’re going to receive new work permits on a job requiring skill levels 1, 2 or 3.
- Skill levels 4 and 5 that completed less than six months for the previous employer
- Employees on sponsorship of their families
- Employees applying for a new work permit on the same company that cancelled their work permit.
If you belong to the previous categories and you insist on resigning, you’ll have to compensate your employer. This is stated in the Article No. 116 of the UAE Labor Law.
How can Connect Resources assist you to understand the UAE Employment Law?
Here in Connect Resources we can assist you with everything related with the UAE employment law. If you’re an employer that’s struggling to understand the regulations behind the Termination during probation period in Dubai, we can help you.
You can receive assistance in legal and employment matters, so you can understand about the Resignation during probation period UAE. Our team of specialists is readily available to solve all of your inquiries.
With our comprehensive service we can take care of your HR tasks and any other related matter. You can focus on your core strategic activities while we handle your administrative functions. Don’t get lost on laws and regulations because we will make sure you’re in compliance.