Dubai: Changing jobs can often be a phase of your career filled with uncertainty – what if the work culture doesn’t match your expectations? Can you be asked to leave if you don’t deliver? Although the first months of your employment fall under the “trial period”, that is when the employer will assess the quality of your work, you still have rights and responsibilities, which are stipulated in the UAE labor laws.
Here are seven rights and responsibilities you should keep in mind when serving your probation:
1. The trial period cannot exceed six months
Your trial period can last a few months, up to a maximum of six months. It can not be extended beyond the six-month term.
If you complete the probationary period and continue to work for the company, the probationary period will be calculated as part of your total period of service, which is relevant to how your gratuity and vacation entitlement are calculated.
2. You are entitled to sick leave
Employees on probation are right to sick leave, but can only be used as unpaid leave. This means that although you can take leave if you fall ill, in accordance with Section 31 of the UAE Labor Law, you will not receive the salary for the period of your leave.
3. You might be able to take annual leave
You can use part of your annual leave allowance during your probationary period, but the leave request must be approved by the employer, who has the right not to grant the leave. It depends Section 29 (3) of the Labor Act.
4. Licensed during the trial period? You should get sufficient notice from your employer
If your company decides to terminate the contract during the trial period, it must give you 14 days written notice, in accordance with Article 9(1) of the UAE Labor Law. The clause states: “The employer may hire the worker for a trial period not exceeding six months from the date of the start of work. The employer may terminate the worker’s service during this period after notifying the latter in writing at least 14 days before the scheduled date of termination of service.
5. Want to quit? This is the notice period you must give
Depending on why you are leaving your job, notice requirements vary. If you resign from your job to join another company in the UAE, you must give one month’s notice in writing.
Additionally, under UAE labor law, your new employer must compensate the former employer for the costs of your recruitment or contract, unless otherwise agreed.
If, on the other hand, you are considering quitting because you want to leave the UAE, you must give your employer 14 days notice. In this case, if you decide to return to the UAE and join a new company within three months of departurethe new employer is obliged to pay the compensation for recruitment costs provided for by law, unless there is an existing agreement between the original employer and the employee.
6. Not serving the required notice? You risk a one-year work ban
According to Section 9(6) of the Labor Law, a worker who leaves the UAE without complying with the provisions of the law will not be granted a work permit to work in the UAE for a period of time. one year from the date of departure. .
However, there are exceptions to this rule. In Article 28 (2) of Ministerial Order No. 1 of 2022, certain groups are not subject to a work ban:
1. The worker holding a family-sponsored residency visa.
2. The worker applying for a new work permit in the same establishment.
3. The worker who has professional qualifications, skills or levels of knowledge that the State requires.
4. Golden Visa Holders.
5. All occupational categories based on labor market needs in the state which are determined by resolution of the Minister [of Human Resources and Emiratisation] in accordance with the classification of workers approved by the Cabinet.
7. Termination of the contract during the trial period – you may have to pay your employer
As reported by Gulf News earlier , if an employee resigns during the probationary period, Article 9 of the Labor Law states that “the new employer will compensate the original employer for the costs of recruiting or contracting the employee, unless otherwise agreed “. So, if you have signed a contract stipulating that the employee will have to bear the hiring or contract costs if he resigns during the probationary period, the employer can request it.