Can probation be extended beyond 6 months in UAE?

 

Can probation be extended beyond 6 months in UAE?

Also, an employee cannot be on probation under the same employer for more than once.

By Ashish Mehta

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Published: Sat 22 Jun 2019, 12:00 AM

Last updated: Sun 23 Jun 2019, 9:59 AM

I am employed in a reputed company based in the emirate of Dubai since November 19, 2017. The offer letter issued to me by my employer states the probation period as three months whereas the employment contract mentions the probation period as six months. I have completed six months of employment with my employer. Despite this, my employer is not willing to confirm my employment stating that my performance is not fully satisfactory and, therefore, my probation period has been extended by further two months.

An employee cannot be on probation under the same employer for more than once and the maximum probation period shall be six months. This is in accordance with Article 37 of the Federal Law No. 8 of 1980 regulating employment relations in the UAE (the 'Employment Law') which states, "An employee may be engaged on probation for a period not exceeding six months, during which his services may be terminated by the employer without notice or severance pay: Provided that an employee shall not be engaged on probation more than once in the service of any one employer. Where an employee successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service." You may discuss the aforesaid article of the Employment Law with your employer so your probation period is not extended further.  

Know the law

An employee may be engaged on probation for a period not exceeding six months, during which his services may be terminated by the employer without notice or severance pay.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai



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