Under Article 9 of UAE Federal Decree-Law No. 33 of 2021, an employee's probation period cannot exceed 6 continuous months. Learn the exact statutory notice periods, employer cost recovery rules, and leave rights.
Core Article 9 Principles
Maximum 6 Months: Probation cannot exceed 6 consecutive months and cannot be renewed with the same employer.
Written Notice Required: Immediate termination without notice is prohibited under standard probation rules.
Recruitment Reimbursement: New employers must compensate former employers for recruitment costs under Article 9(3).
Statutory Notice Periods for Separation During Probation
Unlike the old labour law where termination during probation could happen without notice, Federal Decree-Law No. 33 established mandatory written notice requirements for both employers and employees:
Separation Scenario
Initiating Party
Statutory Written Notice
Recruitment Cost Rule
Employer Termination
Employer
14 Calendar Days
Employer covers repatriation ticket if applicable (Article 52)
Resigning to Join New UAE Employer
Employee
30 Calendar Days
New employer must reimburse former employer
Resigning to Leave UAE Permanently
Employee
14 Calendar Days
No recruitment reimbursement required
Leave & Benefits Rights During Probation
Sick Leave Entitlement
Under Article 31, paid sick leave is not available during probation. Unpaid medical leave requires an approved medical certificate.
Annual Leave Accrual
Employees accrue 2 days per month after completing 6 months of service under Article 29.
Probation Extension for Absence
Any unpaid leave or medical absence taken during probation extends the probation end date by the exact number of missed days (Article 9(5)).
Estimate Post-Probation Gratuity Entitlements
Plan your statutory end-of-service gratuity and annual leave settlement with our live calculator.
Official regulatory interpretations under Federal Decree-Law No. 33
What is the maximum probation period under UAE Labour Law?
Under Article 9 of Federal Decree-Law No. 33 of 2021, an employee's probation period cannot exceed 6 continuous months from their first working day. It cannot be extended or renewed once expired.
Can an employer terminate an employee during probation without notice?
No. Under Article 9(1), the employer must give at least 14 calendar days' written notice prior to terminating an employee during the probation period.
What notice must an employee give if resigning during probation?
If the employee is resigning to leave the UAE, they must give 14 calendar days' written notice. If the employee is resigning to join another employer inside the UAE, they must give 30 calendar days' written notice.
Who pays recruitment costs if an employee resigns during probation?
Under Article 9(3), if an employee resigns during probation to join another UAE employer, the new employer is legally required to reimburse the original employer for visa and recruitment costs incurred, unless agreed otherwise.
Does an employee earn gratuity during the probation period?
Once an employee successfully completes probation and completes at least 1 full continuous year with the company, the initial probation months are fully credited toward total service for gratuity calculation.
Is an employee entitled to paid sick leave during probation?
Under Article 31, an employee is not entitled to paid sick leave during the probation period. However, unpaid sick leave may be granted upon submission of an approved medical report.
Can an employer impose a second probation period?
No. Article 9 explicitly prohibits an employer from placing an employee on probation more than once, even if the worker changes departments, takes a promotion, or signs a contract renewal.
What happens if an employee takes unpaid leave during probation?
Under Article 9(5), any days of unpaid absence or approved medical leave taken during the probation period are added to extend the probation end date by the exact number of days missed.
