Employees on probation must give one month’s notice if they want to change jobs. They must give a 14-day notice if they plan to leave the county while on probation. Employees who leave the nation without permission during their probationary period will be unable to obtain a work permit for a year. If one of the parties breaks these terms, the offending party must compensate the other with a salary equal to regular workdays for the remainder of the notice period. Additionally, employers are also prohibited from seizing employees’ official documents or charging them directly or indirectly for recruitment charges under the new law. If it happens you can seek legal assistance and retrieve your documents without any complications.
In the UAE, the probation term for new employees is normally three to six months. Any probationary term extension of more than six months is illegal. Under the new Federal Law Number 33 of 2021, if an expatriate worker wishes to quit his contract during his probation periods and leave the country, he must tell his employer in writing at least 14 days before the contract’s expiration date. If he desires to return to his home country and get a new work permit within three months of his departure, the new employer must pay the compensation as stated in Clause (3) of this Article, unless the worker and the employer have reached an agreement to the contrary. Moreover, if an expatriate worker leaves the country without following the provisions of this Article, he will be denied a work visa for a period of one year from the date of exiting the country.
Employees on probation in the UAE are not entitled to paid sick leave. If an emergency happens, it is best to seek advice from your employer, although, it will certainly be recommended to take unpaid leaves in such circumstances.
If you want to end your probationary period due to a job change, you must give the first employer a one-month written notice, alerting him that you want to cancel your contract and work for another company, and you must also pay some compensation, according to Article 116 of the Labour Law.
Probation Period In UAE
The duration of the probation term should not exceed six months, according to Article 37 of Federal Labour Law Number 8 of 1980. It will be illegal if the probation period surpasses this maximum period. In this case, the employer must compensate the employee or face other consequences. Thus, after completing the probation period and working for the same company for a year, an employee is entitled to the entire gratuity.
Article 120 of the UAE Labour Law, governs the termination of an employee’s employment during their probationary period. According to this regulation, if an employee’s performance falls short of the performance measures, the firm has the right to fire them. A probationary employee with a limited-term contract can potentially be fired well before the contract’s expiration date.
If either party violates the New Law when terminating an employment contract, the terminating party must compensate the other party in the amount of the employee’s basic salary plus any allowances due during the applicable notice period or the balance thereof.