UAE probation is maximum 6 months, non-extendable. Employer termination during probation: 14 days written notice. Employee resignation during probation to join another UAE employer: 1 month notice (new employer may owe recruitment compensation). No gratuity for service during probation only (< 1 year total). Probation cannot be extended or renewed.
UAE probation period rules
Under UAE Labour Law 2021 (Article 9), a probation period may be stipulated in the employment contract for a maximum of 6 months. Common practice is 3 months (renewable once to 6 months) — but the total cannot exceed 6 months.
Probation cannot be renewed or extended. Once 6 months of employment are completed, the employee is automatically in the post-probation phase with full employment rights — including the 30–90 day notice period on termination.
A common mistake: employer extends probation beyond 6 months by calling it a ‘performance review period’. This is invalid. After 6 months of continuous service, the employee has full employment protection — any termination must follow the full process (notice, valid reason, or arbitrary dismissal compensation).
Employer termination during probation
The employer can terminate the employment contract during probation with 14 days written notice — significantly shorter than the 30–90 days required after probation. No specific reason is legally required for probation termination, but:
- The termination must not be for a discriminatory reason (pregnancy, religion, filing a complaint)
- If the employee has completed less than 1 year total service, no gratuity is owed
- The employee’s UAE work visa must still be cancelled within 30 days of the last working day
- Final salary must still be paid via WPS within 14 days
Employee resignation during probation
The rules differ based on what the employee plans to do after resignation:
- Resigning to join another UAE employer: Employee must give 1 month’s notice. The new UAE employer must compensate the previous employer for recruitment and visa costs if the new hire joins within 3 months of resignation. The employee can be held liable for the compensation if the new employer refuses.
- Resigning to leave the UAE: Employee must give 14 days’ notice. No compensation obligation on any subsequent employer.
- Resigning without a specific next step: Technically falls under the 1-month rule if the employee remains in UAE, 14 days if leaving.
Gratuity and probation
No gratuity is payable for employees who complete probation and then are terminated or resign before completing 1 year of total service — the 1-year minimum service for gratuity applies to total service, not just post-probation service.
Example: an employee on 6-month probation is terminated in month 5 — total service 5 months — no gratuity. If terminated in month 14 — total service 14 months, all post-1 year counted — gratuity is owed for the 14 months.
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Frequently asked questions
What is the maximum probation period in UAE?+
6 months, which cannot be extended or renewed. Once the employee has worked 6 months continuously, they have full employment protection and the standard 30–90 day notice requirements apply to any termination.
Can UAE employers terminate during probation without reason?+
Yes — probation termination requires only 14 days’ written notice and no specific reason. However, termination for a discriminatory reason (pregnancy, religion, filing an MOHRE complaint) is still prohibited even during probation.
How much notice must an employee give if they resign during UAE probation?+
If joining another UAE employer: 1 month’s notice. If leaving the UAE: 14 days’ notice. The new UAE employer may owe the previous employer recruitment cost compensation if the employee joins within 3 months of the probation resignation.
Is gratuity paid to employees terminated during UAE probation?+
No gratuity for less than 1 year of total service. An employee terminated during a 6-month probation has served less than 1 year, so no gratuity is owed. Gratuity entitlement begins only after completing 1 full year.
Can UAE probation be extended beyond 6 months?+
No. 6 months is the statutory maximum and cannot be extended or renewed. After 6 months, the employee automatically has full employment protection regardless of what the contract states.
Does UAE probation count toward annual leave accrual?+
Yes. Leave accrues from the first day of employment — 2 days per month during the first year, including the probation period. If the employee is terminated during probation, accrued leave must be cashed out.