Most UAE employment contracts start with a probation period. The rules changed with the UAE Labour Law, Federal Decree-Law No. 33 of 2021, and many companies still follow the old practice. Here is what employers need to know.
How long can probation last?
Probation can last up to six months, and an employee can be placed on probation only once with the same employer. The probation period and its terms should be written in the employment contract.
Ending the contract during probation
| Situation | Minimum written notice |
|---|---|
| The employer ends the contract | 14 days |
| The employee resigns to join another employer in the UAE | 1 month |
| The employee resigns to leave the UAE | 14 days |
When an employee resigns during probation to join another UAE employer, the new employer is generally required to compensate the original employer for the recruitment and contract costs, unless the parties agree otherwise. A similar rule applies if an employee who left the country returns and gets a new work permit within three months.
Leave and pay during probation
- Salary: paid in full, through the Wage Protection System (WPS) like any other month.
- Sick leave: the employee is not entitled to paid sick leave during probation. Sick days are usually treated as unpaid leave.
- Annual leave: builds up from six months of service, so for a six-month probation it starts around the end of the probation period.
Does probation count for gratuity?
Yes. If the employee passes probation and continues working, the service period for end-of-service gratuity counts from the first day of employment, including the probation period. Gratuity is only due once the employee completes at least one year of continuous service.
Good practice for HR teams
- Write the probation length and notice terms clearly in the contract and the offer letter.
- Set a review date a few weeks before probation ends, and record the outcome.
- Confirm the employee in writing when probation is completed.
- Track sick days during probation separately, because they affect pay.
- Keep the joining date accurate in your HR system: it drives leave, gratuity and WPS records.
Automate probation tracking
TopTimePro stores each employee's joining date and contract details, applies leave rules automatically and uses the same records for payroll, WPS and final settlement. Start a free trial to see it with your own team.
Last reviewed: October 2026. Source: UAE Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, Article 9, and its Executive Regulations; MOHRE. This article is general information, not legal advice. Free zones such as DIFC and ADGM have their own employment laws.