UAE probation period 2026: How long it lasts, leave rules and what happens if you resign

Dubai: Starting a new job is often exciting, but in the UAE, it comes with a legally binding trial period: the probationary period.

What exactly is a probationary period and why does it matter? Can you take sick leave during this time, and can you still quit your job if you think it’s not a good fit? Below, we decode probation rules and regulations in the UAE, so you can go into your new job well-informed and aware of your rights.

What is a probation period?

The first few months of your job are considered your probationary or probation period. Employers often use a trial period for new hires, in order to monitor the employee’s performance, skills, and to check if they are a good cultural fit for the organisation.

Although the probation period is not legally mandatory in the UAE, it is standard practice. The UAE’s Federal Decree-Law No. 33 of 2021 (also known as the UAE Labour Law) outlines certain limitations and laws for the probation period, when it is put into effect by employers.

How long is the probation period?

Musa Dayani, a Dubai-based public relations officer, said: “The normal probationary period is between three to six months.” The UAE Labour Law asserts that the probation period cannot extend for more than six months.

Moreover, Article 9(2) of the UAE Labour Law states: “A Worker may not be appointed under probation more than once with one employer, and if the Worker successfully passes the Probation Period and continues to work, the contract becomes valid in accordance with the terms agreed upon, and that period must be counted within the service period.”

Can employees take leave during probation?

Workers in their probation period are not entitled to paid sick leave, according to the UAE Labour Law. However, the employer may grant unpaid sick leave during this time, and allow time off for the employee to recover. Article 31(2) of the UAE Labour Law highlights this legislation: “The Worker is not entitled to a paid sick leave during the Probation Period, but the Employer may grant him a sick leave without pay, based on a medical report issued by the Medical Authority that includes the necessity of granting the leave.”

The same situation applies to annual leave. Dayani confirmed that employers have the discretion to approve or decline a worker’s request for days off. Article 29(3) of the UAE Labour Law mandates this practice: “The Employer may agree to grant the Worker a leave from the balance of his annual leave during the Probation Period…”

Terminating a work contract during probation

Once the probation period is completed, the employment contract can either be continued or terminated by either party – the employer or employee. Dayani added: “If the employee stays with the company, the probation period is counted as part of [his/her service].”

Both employees and employers can also terminate their contract during the probation period, according to Dayani.

If the employer wants to terminate the worker during the probation period, then 14 days’ prior written notice is necessary. This is a legal requirement under Article 9(1) of the UAE Labour Law.

In the case of employees wanting to terminate their contract during the probation period, there are two scenarios, and each has its own notice period obligations under the UAE Labour Law:

Is there compensation involved, if workers leave during the probation period?

There are two situations where compensation may need to be provided to the original employer for any recruitment or contract costs incurred:

For employees who are joining other UAE companies: If the employee resigns during the probation period in order to join another UAE-based company, the new employer is required to pay the original employer for any recruitment or contracting costs incurred – unless they have a written agreement that states otherwise.

This legislation is outlined in Article 9(3) of the UAE Labour Law: “The new Employer shall compensate the original Employer with the costs of recruiting or contracting with the Worker, unless agreed otherwise.”

For employees who have left UAE after resigning, and returned for a new job within three months: In the second scenario, since the employee left the UAE after resigning during the probation period, the key factor is whether he/she has returned with a new work permit within a specific duration: three months since their date of departure.

If this is the case, the worker’s original employer may be entitled to compensation for any recruitment costs incurred.

Article 9(4) of the UAE Labour Law states: “In the event that he wishes to return to the State and obtain a new work permit within three months as of the date of leaving, the new Employer shall pay the compensation stipulated in Clause (3) of this Article, unless agreed otherwise between the Worker and the original Employer.”

The Ministry of Human Resources and Emiratisation (MOHRE) clarified on its website that when a worker resigns and leaves the UAE during their probation period, and then decides to return to the UAE, join a new company, and obtain a new work permit within three months from their date of departure, the worker’s new employer is responsible for paying the compensation of recruitment costs to their former employer. This rule stands, unless there is an existing written agreement between the two parties (the original employer and the employee).

What are the probation rules for Golden Visa holders?

Golden Visa holders are obliged to follow the same probationary period as other workers, however, they are exempt from the above-mentioned repercussions when resigning while on probation.

Typically, if a worker leaves the UAE without following the legal notice period, they can face a one-year ban on obtaining a new work permit in the country. But according to Article 28(2) of Ministerial Decree No. 1 of 2022, Golden Visa holders are exempt from this rule. They can resign from their jobs immediately, without serving a notice period, and the usual work permit restrictions.

Still, it's a good idea to ensure professional and legal compliance. Dayani explained: “They are still advised to follow the same rules for probationary period. But there is no impact on their visa status when they resign.”