Question: I am currently in my probation period at a mainland Dubai company. I have a feeling that I may be terminated. What is the procedure if I do get fired? What are my legal rights? Can I claim arbitrary dismissal while still under probation?
Answer: In the UAE, an employer may terminate the employment of an employee during the probation period by serving 14 days' written notice to the employee. This is in accordance with Article 9 (1) of the Federal Decree Law No. 33 of 2021 on the Regulations of Employment Relations, which states, “The employer may employ an employee on probation for a period not exceeding (6) six months from the service commencement date. The employer may terminate the employee during such period by giving the employee (14) fourteen days' prior written notice.”
However, the provisions of Employment Law are silent on whether an employer must specify a reason for termination of an employee during a probation period.
Furthermore, once an employee is terminated during the probation period, the employer should cancel his work permit and UAE residency visa. Prior to the same, an employer should settle the final account of an employee. Additionally, an employee is entitled to repatriation costs (if not changing work in the UAE and travelling outside the UAE). This is in accordance with Article 13 (12) and Article 29(9) of the Employment Law, which reads as below:
Article 13(12) of the Employment Law: “The Employer shall bear the cost of employee's repatriation to his point of hire or to any other point that was mutual agreed upon, unless the employee joins another employer, or the employment contract is terminated for reasons due to the employee, in which case, the costs shall be borne by the latter.”
Based on the aforementioned provisions of law, the employer may terminate you during probation without a valid reason, and you are entitled to remuneration for the days you worked and the repatriation costs (if you are travelling outside the UAE).
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom 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.
ALSO READ:
- UAE jobs: Can employers reduce the standard 6-month probation period?
- UAE: Job offer during probation? What the law says about resigning during first 6 months
- UAE's probation rule: How evaluations continue after 6 months
- Sharjah extends new govt employee probation period to 9 months