Probation period for employees in U.A.E

According to Article 37 of the Law, the probation period can be for a maximum period of six months.Probation period is the time during which your employer will assess you and decide if you are good enough to be hired as permanent staff – or not.

The time-frame may vary from one company to another, but there remain certain clauses provided in U.A.E Labour Law that govern the employment of an individual during the probationary period.

How long can be on probation

As per law, an employee may be appointed for a probationary period not exceeding six months. This is the maximum period that can be served by an employee.

Some companies have a shorter probation period, with many following even two or three months and upon successful completion of these months, the employee signs a contract as a permanent employee of the company.

The parties to the contract may also agree to commence employment without probation, as it is not mandatory under the Law.

Employer fire without notice

An employer may terminate your services during this period without offering a notice period. To safeguard the interest of the employee, this right is also given to them. So, both parties may terminate the employment contract with immediate effect without providing a valid reason or notice.

However, many companies ask employees to serve a notice period even during this time, and they mention so in the offer contract. Make sure you read carefully what you sign up for.

Will employee get gratuity for the probation period

Gratuity is not to be paid out if the employee leaves during the probation period or after that. This money will not be handed out if the employer does not confirm the employee as a permanent member of the team or terminates his service during or after the period (but before one year of service).

If the employee is confirmed after the probation, s/he will be entitled to this end of service remuneration. The probationary period of the employee will then be computed in the period of his service. According to the UAE Labour Law, an employee should serve a minimum of one year of service to be entitled to gratuity.

Can employee be on probation for a second time

The law does not permit this. One employee cannot be on probation for a second time for the same employer.

Do employee get paid sick leave

Article 83 of the Law states that, during the probationary period, the employee is not entitled to any paid sick leave.

If the employee spends over three months after completion of the probationary period, in the continuous service of employer, and falls sick during this period, he becomes entitled to a sick leave not more than 90 days either continuous or intermittent per each year or service. The payment for such leave is computed as:

1. First 15 days with full pay.

2. Next 30 days, with half pay.

3. Subsequent period without pay

Students allowed to train or work in private sector in UAE

 Students will be able to obtain work permits for training and work purposes in the private sector, according to a new decree announced by the Ministry of Human Resources and Emiratisation on Wednesday.

The new decree allows students aged between 12 and 18 years to obtain a work for training purposes, while 15- to 18-year-old can apply for permits to work in the private sector. All students under the age of 18 require a written consent from a guardian to apply for work permits.

The decree will grant all students the same benefits and advantages as those in regular employment in the same position. It also orders companies to comply with all procedures and qualities of the permitted work during the training periods or jobs. There are three types of permit available for students: a temporary work permit, a part-time work permit and a juvenile work permit and the fee for each of them is Dh500.

A temporary work permit allows companies to hire national or expatriate students, registered or non-registered in the ministry’s database, to work on projects with completion periods not exceeding six months. A part-time work permit allows companies to hire national or expatriate students to work for fewer hours in a job than their counterparts, for a period not exceeding one year.

A juvenile work permit allows companies to employ national or expatriate students between 15 and 18 years for a period not exceeding one year.

Saqr Ghobash Saeed Ghobash, Minister of Human Resources and Emiratisation, said, “The decree comes in the framework of carrying out tasks assigned to the ministry in terms of labour market management in accordance with the vision of the future government to develop human resource and invest their capabilities so as to enhance productivity and participation in the labour market.

“The decree complements previous ones that had been issued back in 2011, with regards to issuing temporary work permits for juveniles so that students follow such categories that may be enrolled in private sector enterprises under those permits,” he added.

However, students cannot be employed in 31 registered sectors. The decree also mandates companies to not make the students work for more than six hours a day and to grant them one or more hours of resting breaks to eat or pray. Companies cannot make the students work for more than four consecutive hours a day.

These permits can be requested from Tas’heel service centres or through the ministry’s smartphone applications.

Summary of new decree

To get work permit for those under 18 years: A written consent from a guardian must be provided 

• Aged between 12 and 18 years: Can apply for permit for training positions
• Aged between 15 and 18: Can apply for permit for work positions
• Students of all ages will be granted the same benefits as regular employees in the same positions