Reducing Probationary Period in UAE: Can Employers Legally Shorten the Typical Six-Month Term?
In the United Arab Emirates (UAE), the employment of individuals is regulated by the UAE Employment Law. This law sets out the rules for various aspects of employment, including the probationary period.
The probationary period for UAE companies can be set at any length up to a maximum of six months, according to UAE Labour Law. Employers may choose to make it shorter at their discretion. It's essential to note that while probation can be shortened, extensions beyond six months are not allowed under the law, except in limited cases.
For employees, understanding the probationary period is crucial. If an employee intends to reduce their probation period or resign without serving the stipulated notice period, they may have to compensate their employer monetarily. The notice period for an employee during the probation period is one month, as stated in the UAE Employment Law.
If you are a job seeker, you can negotiate a shorter probation period during job negotiations. Discussing your preference for a shorter probation early in the recruitment process can set expectations. Highlighting your relevant experience and skills that reduce the employer's need for a long assessment can also help. Requesting specific terms in your contract regarding a reduced probation duration or conditions for early confirmation is advisable. Emphasizing your confidence in quickly adapting and contributing value based on past roles can persuade the employer to shorten the probation.
Employers often have flexibility within the legal maximum, so open communication and demonstrating your suitability for the role can encourage agreement on a shorter probation.
It's important to remember that the probationary period must be expressly stated in the employment contract, according to Article (10) of Cabinet Resolution No.1 of 2022.
In case of mutual agreement between the employee and employer to terminate the employment contract by waiving off the notice period, it may be possible to avoid compensation. However, this is subject to the specific terms of the employment contract and local labour laws.
For more information, readers may contact Ashish Mehta & Associates via their website or by sending questions to news@our website or Legal View, Khaleej Times, PO Box 11243, Dubai. Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates, qualified to practise law in Dubai, the United Kingdom, and India.
In conclusion, understanding the probationary period in UAE companies is crucial for both employers and employees. Probation periods can be shorter than six months and set at employer discretion. You can negotiate a shorter probation by discussing it during job offer stages with clear reasons and contract terms. The law only limits the maximum length, not a minimum length for probation.
During job negotiations, it's advisable to discuss a shorter probation period and request specific terms in your contract. Highlighting relevant experience and skills that reduce the employer's need for a long assessment can help in achieving a shorter probation. The probationary period must be expressly stated in the employment contract, as mandated by Article (10) of Cabinet Resolution No.1 of 2022.
If both the employee and employer agree to terminate the employment contract by waiving off the notice period, compensation may be avoided. However, this is subject to the specific terms of the employment contract and local labour laws.
In the UAE, sports teams, news agencies, environmental organizations, and businesses in various sectors, including finance, health, lifestyle, and games, are all bound by this probationary law.
Understanding the intricacies of UAE Employment Law can be beneficial for those engaging in sports, following news, advocating for environmental causes, or pursuing careers in business, finance, health, lifestyle, games, or any other sector in the UAE.
