People working in the UAE are protected by the UAE Labour Law. This Law states all the rights and obligations of employees. The most important aspect in case of the employment is the employment contract which also contains provisions about the probation period in the UAE.
Each and every company in the UAE provides a probation period to all employees. The probation period means the “trial period” of a new employee in an organization. It lets both the employee and the employer get to know each other better along with accessing the performance of the employee before the organization offers a permanent position.
The rights of an employee during the probation period as per the old laws –
Article 37 of the UAE Labour Law states that the employee may be appointed for a probationary period not to exceed six months, and the employer may terminate the services of the employee during this period without giving notice or end of service remuneration. Appointment of the employee on probation basis in the service of one particular employer may not be made more than once. However, if the employee passed the probationary period satisfactorily, and remained in service, such period of service shall be computed in the period of his service.
Termination of an employee during the probationary period falls under Article 120 of the UAE Labour Law.
If the employee continues the service, the probation period will be counted as part of the complete term of service. The Labour Law of UAE has a provision for employers to assess their performance and if the employee is confirmed in the employment, then the employment can be terminated upon the expiry of your contract or as per Article 121 of UAE Labour Law.
The rights of an employee during the probation period as per the new laws --
The new labour laws is in effective from February 2, 2022.
• As per Federal Law No. 33 of 2021 an employee that is terminated during a probation period, which must not exceed six months, should be done in writing 14 days before termination.
• They cannot be placed under probation more than once by the same employer.
• An employer cannot extend the probation period to six month.
• Once the probation is completed, employees are to work under the conditions of the contract and the probation period as part of the overall service.
• An employee who wants to change the job during probation must submit a one-month notice.
• An employee who wants to leave the country during probation, must submit a 14-day notice. In case he wants to return to the country and obtain a new work permit within three months from the date of departure, the new employer shall pay the compensation if any unless there is an agreement between the worker and the employer stating otherwise.
• Leaving the country without notice during probation will render employees a one-year ban from obtaining a work permit.
• If any of the parties have violated these rules, the breaching party is required to financially compensate the other with a payment equivalent to regular workdays of the remaining notice period.
Every employee working in the UAE must be aware of these rules as they have to go undergo a mandatory probation period before achieving permanent employment.
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