Probation period in the UAE : duration, notice, changing employers and sanctions

The probation period sets the tone for the employment relationship and comes with specific rules on duration, notice, and employee mobility. In the United Arab Emirates (UAE), probation is strictly time limited and carries practical consequences if either party ends the contract or if the employee moves to a new employer. Here is what HR and employees should know.

Definition and maximum duration

Under UAE regulation, probation may not exceed six months from the start date. Once successfully completed, the same employee cannot be placed on probation again by the same employer. During probation, certain rights and protections are more limited than for confirmed employees.

Notice during probation

Notice is required to terminate employment during probation. The specific length and formalities are set out in the employment contract and the applicable law. Both parties should refer to the contract for notice terms (written form, service of notice). Employers should keep evidence of notifications to avoid disputes.

Changing employers during probation

If an employee wishes to join a new employer in the UAE during probation, the new employer may be required to compensate the original employer—typically for recruitment and onboarding costs. Where the contract provides for employee contributions to such costs, the employee may also be liable. Parties should check mobility clauses and related financial obligations.

Leaving the UAE and returning soon after

Where a foreign worker terminates during probation and exits the UAE, then returns within three months to join a different employer, the new employer may be required to reimburse the previous employer’s recruitment expenses. This rule is intended to discourage opportunistic moves at the expense of businesses.

Temporary work-permit ban for irregular exits

Foreign workers who leave the country without complying with probation rules may face a oneyear bar on obtaining a new work permit from the date of exit. The “ban” is designed to deter irregular departures and promote market stability.

Exemptions from the one year ban

Certain categories are exempt : workers with in demand professional skills, individuals under family sponsored residence, Golden Visa holders, and other professional categories defined by the Ministry in line with labour market needs.

Compensation for breach of Article 9 type rules

Where either party fails to comply with notice or other probation requirements, the breaching party may owe compensation equal to the salary for the notice period or the remaining portion. Advance planning and proper written notices reduce the risk of liability.

Practical governance tips

• Draft clear contracts : probation length, termination mechanics, notice, mobility clauses, and cost allocation.
• Document performance : objectives, feedback, any shortcomings, and improvement plans.
• Plan for mobility : processes and costs if the employee switches employers mid-probation.
• Inform employees of consequences of noncompliant exits (one year ban, potential cost liability).
• Keep proof of notices served (email, registered letters, acknowledgements).

In the UAE, probation is tightly regulated : a six month maximum, mandatory notice, specific rules on mobility, and consequences for irregular exits. Clear contractual drafting and well documented HR management reduce dispute risks and clarify financial responsibility when employees change employers or leave early.

Our lawyers, who are experts in labour law, are available to answer all your questions and provide advice. We offer face-to-face meetings or videoconferencing. You can make an appointment directly online at https://www.agn-avocats.fr/.

AGN AVOCATS – Labour Law
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