What is the Probation Period as per UAE Labour Laws:
The probation period is referred to as the evaluation phase. It allows the employees and employers to carefully assess the performance during the time. Besides, it also helps in accessing the suitability of the employee for the particular job.
Similarly, it allows the employees to determine the role and work environment. This helps them to decide what to expect from the workplace.
Probation Period and the Legal Rights and Responsibilities:
According to Federal Law UAE, Article 9 of UAE Labour Law, the employment on probation has full right to protection. They have rights over the following:
- Payment of days worked,
- Receiving prior notice before termination
- Access to health and safety standards
- Insurance claims
Employers should register the workers for insurance with the company. The legal status of the employee must be clear via valid residency and the issuance of work permits. Under Article 9 of the UAE Labor Law, the probation period is limited 6 months. The time duration should be categorically mentioned in the employment contract. This must be agreed upon before the commencement of the work. The employers are not allowed to extend the probation beyond a certain limit. This is done to ensure protection from prolonged job uncertainty.
Termination During Probation Period:
Any party can choose to end the contract during probation time. However, specific notices must be sent depending upon who initiates the termination process.
The well-experienced Employment lawyers in Dubai assist in complying with the UAE labor laws. They ensure the legal requirements are fulfilled. It also helps to avoid fines or labor complaints. In case, if the employee is unable met the performance expectation or violates company policies, the employee may choose to terminate the contract during the probation time. However, it is compulsory to follow the legal notice requirements before termination.
Notice Periods During Probation:
Any employer who desires to terminate the workers during probation time should provide at least 14 days’ notice. The notice must be in written form. Any failure to comply will result in compensation claims and the lodging of labor complaints with MOHRE. The MOHRE may impose penalties or ask to fulfill compensation claims.
The termination should be recorded via proper channels. It helps in maintaining compliance with the UAE labor laws. Readers can meet attorneys at Ask The Law, for practical advice if needed
Reasons for termination during probation time
The termination may be the direct result of poor performance or misconduct. The employers are encouraged to maintain full fledge records of the workers performance. This helps to evaluate the work and accordingly decide on the future decision. The warning may be issued if the workers are non-compliant or lack performance.
Moreover, during the misconduct the documentation done by the employer, such as written warning or incident report will assist the employer’s case. They will be able to have a clear position during the potential legal proceedings. On the contrary, an employee also has the right to resign during the probation time. However, they must respect the legal notice specification. This will depend upon the nature and situation of their employment.
Resignation and intent to join another Employer
If an employee resigns and join another employer or company within the UAE, the employee must sent prior notice to employer. It is compulsory to provide a written notice.
Following this, the new employer will be responsible for reimburse the recruitment cost to the previous company. This is part of the law to ensure a swift and fair transition.
Furthermore, if an employee intends to resign from the job during probation time and leave the country, the prior notice is mandatory. Failure to give proper notice will lead to an employment ban for 1 year. This will prevent employees from obtaining a new UAE work permit.
Once the probation period ends, the employees and employers must adhere to the standard notice regulations while terminating the agreement. The rules may differ in fixed or unlimited contracts.
Standard Notice Period
According to Article 43 of the UAE labor law, both parties should submit written notices before termination of the employment. The notice period may range from 30 to 90 days.
The time duration always depends on factors such as terms and conditions of contract. This is a rule that ensures a smooth handover. It also permits a greater level of efficiency and time for replacement or career transition.
Usefulness of Laws for the probation period
A UAE law offers greater legal protection to employees and employers during the probation period. The law makes sure both of them are treated fairly and justly. The employment transitions can be challenging.
With full compliance, one can ensure smooth and swift job transitions. This prevents the penalties and also avoids the reputational damage. It also assists in avoiding unnecessary lawsuits, disputes, and litigation.
Nonetheless, the employment contracts should be clearly written along with a predefined probation period, duration, termination clause, and notice periods. Any ambiguity can result in conflicts and problems. Therefore, the contracts must be properly drafted.
The Ministry of Human Resources and Emiratization (MOHRE) is mainly responsible to facilitate mediation services between employee and employer. Now MOHRE can also give decision to cases having value less than AED 50000. In case no consensus is reached, the case will go to UAE labor courts.
In addition, the best and top lawyers in Dubai possess exceptional advocating skills. The employees and employers both can benefit from it.
A Legal Consultation
Seeking a proactive legal consultation from proficient labor attorneys in Dubai is useful. They assist employers in designing compliant policies and educate employees about their rights. This assists them to promote justice, fair practices, and transparency. Besides, it strengthens the trust and also assists the companies in complying with the UAE Labor Law provisions.
The Role of professional Labour and Employment Law attorneys in Dubai
Labour and Employment Law Lawyers in Dubai frequently advise the employers and employees regarding the probation periods and notice specifications. The UAE labor law provides extensive guidance on the matter.
- Federal Decree Law: The law, Federal Decree-Law No. 33 of 2021, offers guidance regarding labor relationships. The prime objective is to make sure there is fairness and transparency in every transaction. It provides guidance from the initial phase of employment till the end of the contract.
This helps in preventing misunderstandings, disputes, and dismissals. An employment lawyer in Dubai offers useful knowledge about it to maintain a professional and lawful working relationship.
