Quick Answer
The UAE probation period maximum is 6 months under Article 9 of Federal Decree-Law No. 33 of 2021. During probation, either party may terminate with 14 days written notice. Employers may not extend probation beyond 6 months. Employees who resign during probation to join another UAE employer must give 1 month’s notice to the original employer.
Federal Decree-Law No. 33 of 2021 · Article 9
Probation Period Law — Article 9, Federal Decree-Law No. 33 of 2021
Probation is optional under Article 9 of UAE Federal Decree-Law No. 33 of 2021 Regulating Labour Relations (the New Labour Law), which replaced Federal Law No. 8 of 1980 effective February 2, 2022. Where included, the contract must state the duration explicitly. The maximum is 6 months from the employee’s first day of work. An employer who does not include a probation clause in the signed contract cannot impose probationary terms later.
Critical Rule: Employers may NOT extend probation beyond 6 months, even by mutual agreement. After 6 months without a formal confirmation letter, the employee transitions automatically to post-probation terms — the employer loses the reduced-notice termination right.
Notice Periods During Probation — All Scenarios
| Scenario | Who Gives Notice | Notice Period | Article |
|---|---|---|---|
| Employer terminates during probation | Employer | Minimum 14 calendar days written notice | Article 9 |
| Employee resigns — leaving UAE | Employee | Minimum 14 calendar days written notice | Article 9 |
| Employee resigns — joining another UAE employer | Employee | Minimum 1 month written notice | Article 9 |
| New UAE employer liability for breach | New employer | Jointly liable with employee if notice not served | Article 9 |
Gratuity and Leave During Probation
| Entitlement | During Probation | After Probation Confirmed |
|---|---|---|
| Gratuity | No gratuity payable until 1 full year of service (Article 51) | Probation months count toward the 1-year minimum |
| Annual leave accrual | Accrues from first day of service | 30 calendar days per year after 12 months (Article 29) |
| Leave payout on exit | Paid if employee reaches 6-month threshold (Article 29) | All unused leave paid at daily basic rate |
| Sick leave | Entitled under Article 31 | Entitled under Article 31 |
Worked Example — Probation Termination Cost at AED 20,000 Basic Salary
Employer terminates employee after 3 months of probation, paying notice in lieu
Employee on AED 15,000 basic resigns on day 45 with zero notice to join a competitor
Second Probation on Contract Renewal
Article 9 limits probation to the initial contract period. An employer who renews a fixed-term contract cannot impose a second probation period for the same employee. A second probation on renewal exceeds the Article 9 maximum and will not be enforced by MoHRE. Renewed contracts must treat the employee as confirmed from the renewal date.
Free Zone vs Mainland Probation Rules
| Jurisdiction | Governing Law | Maximum Probation |
|---|---|---|
| Mainland UAE | FL 33/2021 Article 9 | 6 months — no extension |
| Most free zones | FL 33/2021 Article 9 | 6 months — no extension |
| DIFC | DIFC Employment Law No. 2 of 2019 | As per DIFC regulations |
| ADGM | ADGM Employment Regulations 2019 | As per ADGM regulations |
Frequently Asked Questions
What is the maximum probation period under UAE labour law in 2025?
6 months under Article 9 of Federal Decree-Law No. 33 of 2021. Employers may not extend beyond 6 months, even by mutual agreement. The probation clause must be in the initial employment contract.
How much notice must a UAE employer give when terminating during probation?
Minimum 14 calendar days written notice under Article 9. The employer may pay notice in lieu rather than requiring the notice period to be worked.
Is gratuity payable when an employee is terminated during probation?
No. Article 51 requires minimum 1 full year of continuous service before gratuity is payable. Probation months count toward the 1-year minimum if the employee is confirmed and continues beyond 1 year total.
Can a UAE employer impose a second probation on contract renewal?
No. Article 9 limits probation to the initial contract. Renewed contracts must treat the employee as confirmed from the renewal date. A second probation exceeds the 6-month maximum and is unenforceable by MoHRE.