Under the Federal Law No. 33 of 2021 regulating labor relations, probation periods in the UAE should not exceed six months. During this period, employers have the right to terminate employees without notice and reason. However, there are certain rules and regulations that both employers and employees need to be aware of to ensure that their rights are protected.
Duration of Probation Periods in the UAE
The duration of the probation period in the UAE can be between three to six months. During this time, both the employer and the employee can assess whether the job is a good fit. If the employee is not performing to the expected standard, the employer has the right to terminate the employee without notice and without providing a reason. However, if the employee feels that they are not being treated fairly, they also have the right to resign without notice.
Terminating an Employee During Probation
If an employer decides to terminate an employee during the probation period, they must do so in writing and provide a 14-day notice period. This means that the employee will have 14 days to find a new job or make alternative arrangements. However, if the employee is terminated due to misconduct or poor performance, the employer may not be required to provide any notice period.
On the other hand, if an employee wishes to terminate their contract during the probation period, they must also provide written notice to their employer. This notice period should be following the terms of the employment contract or as per the standard notice period in the UAE Labour Law.
Employees Working on Limited Contracts
Employees who are working on limited contracts do not have any additional protection when it comes to termination during probation. They are still subject to the same rules and regulations as any other employee. If they are terminated during the probation period, the employer must provide written notice and a 14-day notice period.
Protecting Your Rights During Probation
As an employee, it’s important to understand your rights during the probation period. You have the right to receive fair treatment and to be paid for the work that you have done. If you feel that you have been unfairly terminated, you may be entitled to compensation.
Employers also have a responsibility to ensure that they follow the rules and regulations when it comes to terminating employees during the probation period. If they fail to provide written notice or terminate an employee without a valid reason, they could be subject to legal action.
In conclusion, terminating an employee during probation is allowed in the UAE, but some certain rules and regulations must be followed. Both employers and employees need to be aware of these rules to ensure that their rights are protected. If you have any questions or concerns about termination during probation, it’s important to seek legal advice.