Can an Employer Extend Your UAE Probation Period After It Has Already Expired? Here's What the Law Says

An employer in the UAE cannot extend or reimpose an employee's probation period once it has expired and the employee has continued working without interruption. Under the UAE Labour Law, a probation period can only be imposed once by the same employer, and once it ends successfully, the employment relationship automatically continues under the full terms of the employment contract.

This issue often arises when companies undergo restructuring or changes in ownership or management. However, such internal changes do not affect the legal status of an employee who has already completed probation. The employment contract is between the employee and the company as the legal entity, not its directors, managers or shareholders.

The matter is governed by Article 9 of the UAE Labour Law, which stipulates that an employee may not be placed on probation more than once with the same employer. If the employee successfully completes the probation period and continues working, the employment contract becomes fully valid in accordance with its agreed terms, and the probation period is counted as part of the employee's total length of service.

Accordingly, where an employee has completed the agreed probation period—for example, three months—and has continued working thereafter without being notified of termination during probation, the employer cannot later decide to extend the probation by another period. Such an extension would not be consistent with the provisions of the law.

Once probation has ended, the employee is no longer considered to be on probation. Any subsequent termination of employment must therefore comply with the notice requirements and other contractual and statutory obligations applicable to regular employees. An employer cannot rely on probation-related provisions after the probation period has already expired.

The UAE Labour Law is designed to provide certainty for both employers and employees by ensuring that probation is a one-time assessment period. Once that stage has been successfully completed, the employment relationship proceeds under the full protection of the employment contract and the law.

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