As per the new UAE Labour law certain rights have been defined for both the employee and employer. The purpose of the law is to safeguard the interest of the employee and, on the other hand, maintain the balance of the law by protecting the employer. Thus, in this article, we will be dealing with the most common issue which an Employee or Employee faces and the rights and obligations guaranteed under Probation Period.
What is the meaning of the Probation Period UAE?
Our Employment Lawyers in Dubai state that:
The period mentioned under Article 9(1) of the UAE Labour law is the probation period. Moreover, the said period of probation is not allowed to exceed six months from the date of commencement of work, and it is also not allowed to appoint a worker under the said period more than once at one employer.
In other words, the probation period is a specific period that shall not exceed six months, and the employer is not allowed to renew the said period more than once if an employee has passed the said period successfully. Therefore, during this period, limited rights emanating from the labor laws are available to the employee.
What is the notice period during Probation in UAE?
Our Employment Lawyers in Dubai state that:
The new UAE labour law provides provisions for the notice period during probation in UAE. For an easy and better understanding of the readers, we have mentioned the diagram below:It is essential to mention here that the law provides this tenure, which must be there. If you want to know the exact notice period during the probation period for yourself, you must review your Employment Contract.
How are the employers\’ rights being protected as per the new UAE Labour Law?
Our Lawyers specializing in Employment Law state:
The new labour law is well-balanced and is the perfect example of equality before law and equal protection of the rules. This law provides various remedies for employers also. As we all know, Dubai, United Arab Emirates, is world\’s one of the most emerging cities and is constantly growing day by day. It becomes vital to protect the employer\’s interest as this article is about the probation period, so we will be dealing with the remedies available to the employer if an employee violates the provisions of Article 9.
For a better understanding of the reader conditions mentioned under the Labour Law are mentioned hereinbelow:
- If in case an employee wants to leave or resign from their current job and wants to join another job under a different employer within the United Arab Emirates, then in such a scenario new employer is obliged to compensate the existing employer, and if it is agreed under the Employment Contract that employee is liable to pay then the said employee is liable to compensate their employer.
- Suppose in case a foreign employee who has terminated their employment contract during the probation period and has left the United Arab Emirates and within three months from the date of departure wishes to return for the new employer. In that case, the new employer must compensate the original employer for the cost of recruitment and assignment that he incurred on the employee.
- If the Foreign worker leaves the UAE without abiding by the rules set forth for the probation period, they are allowed to grant a work permit for one year from the date of leaving the state.
What compensation is provided in case there is a violation of Article 9 by either of the parties, i.e., employer and employee?
Our Lawyers specializing in Employment Law state:
Suppose either of the parties does not comply with the provision of Article 9. In that case, they are liable to pay the other party equal wages for the notice period or the remaining period of the notice.
What kind of categories are exempted from the one-year sban period?
Our Employment Lawyers in Dubai state:
The implementing regulations issued as Resolution no. (1) of 2022 on the Implementation of Federal decree-law no. (33) of 2021 relating to the Regulation of Labour Relations states that the following categories are exempted from the rules which are concerning (4) and (6) of Article 9.
- A worker possesses the essential professional skills or knowledge in demand.
- A worker who is on a Residency visa that family sponsors.
- Golden Visa Holder
- Any professional categories in accordance with the needs of the national labour market, which the Ministry will determine in accordance with the classification of workers as approved by the cabinet.
If you want to know more about this topic, then watch our YouTube video.
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