Important points regarding Probationary Period in UAE

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We have been asked by our Readers:
Q: What is Probation period?
Q: Provide us the details of Probation period under UAE Labour Law?
Q: How long I can work on Probation Period in UAE?
Q: Will we get Gratuity on Probation Period?
Q: Can we be fire without Notice on Probation Period?

We have divided above questions into 5 points and you have to know those 5 Important points if you are looking to work on probation period in UAE.

Q: What is Probation Period?
Probation period also called test period is the time during which your employer will judge you and decide if you are good enough to be hired as permanent employee or not.
The time-frame may vary from one company to another, but there remain certain clauses provided in the country’s
Labour Law that govern the employment of an individual during the probationary period.

Q: How long I can work on Probation Period in UAE?
As per
Ministry of Labour, an employee (worker) may be appointed for a probationary period with the maximum period of 6 months. This is the maximum time that can be served by an employee.
Some
establishments have a shorter probation period, with many following even 2 or 3 months and upon successful achievements and completion of these months, the employee signs MOL contract as a permanent staff of the company.
The parties to the contract may also agree to
start employment without probation, as it is not mandatory under the updated UAE Labours Law.

Q: Can my Company (employer) fire me without notice?
Yes, you can be fire without any notice and reason. 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 the companies. So, both parties may terminate the employment contract with immediate effect without providing a valid reason or notice.
However, many firms ask employees (workers) to serve a notice period before leaving even during probation period, and they mention so in the offer contract. Please make sure you read carefully what you sign up in the contract.

Q: Can I be hire on probation for a second time?
No, The law does not permit this. One employee (worker) cannot be on probation period for a second time for the same Company or Employer.

Q: Am I eligible for Sick Leave on Probation Period?
Article 83 of the UAE Labours Law states that, during the probationary period, the employee is not entitled to any paid sick leave.
If the employee spends over 3 months after completion of the probationary period, in the continuous service of employer, and falls sick during this period, he/she 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.

Q: Is there any gratuity for the probation period?
According to the UAE Labours Law, an employee (worker) should serve a minimum of 1 year of service to be entitled for gratuity.  So, Gratuity is not be paid out if the worker leaves during the probation period or even after that. The gratuity will not be handed out if the employer does not confirm the employee as a permanent staff of the team or terminates his service during or after the period (but before one year of service).
If the
employee (worker) is selected and confirmed after the probation period, he/she 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.

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1 comment:

  1. if we are in probationary period if we resign or terminate us we have a ban in MOL?

    ReplyDelete

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