UAE Probation Period Rules 2026: What Every Expat Must Know

Starting a new job in the UAE? Thinking of leaving during probation? The rules here are stricter than most countries — and the financial consequences of getting them wrong can follow you to your next employer.

6 min read Updated March 2026

How Long Can Probation Last in the UAE?

Under Federal Decree-Law No. 33 of 2021, the maximum probation period in the UAE is 6 months. No employer can legally set a probation period longer than this, regardless of what the contract says. If your contract states a probation period of 9 months or 1 year, that clause is unenforceable — 6 months is the hard ceiling.

6 Months

Maximum probation length

Any longer clause is void

14 Days

Notice if you resign during probation

To a UAE-based employer

Many companies in the UAE set probation at exactly 3 or 6 months. The period starts from your first official working day, not from when you signed the contract or when your visa was stamped.

Resigning During Probation: The Notice Rules

This is where a lot of expats get caught out. Resigning during probation is not the same as resigning after probation. The notice period rules are completely different depending on where you are going next.

Scenario 1: Leaving to a new UAE job

You must give your current employer 14 days written notice. Your new employer may also be required to compensate your current employer for recruitment costs such as visa fees and flight tickets — this is governed by Cabinet Resolution No. 1 of 2022. Always check your contract for any specific clauses.

Scenario 2: Leaving the UAE entirely

You must give 1 month's notice. If you leave without serving this notice, your employer can file a complaint with MOHRE, and this may result in a ban on future UAE work permits. This is not a theoretical risk — it does happen.

Scenario 3: Employer terminates you during probation

Your employer must give you 14 days notice or pay 14 days salary in lieu. They do not need to give a reason for termination during probation under UAE law, which is a significant difference from post-probation employment.

Does Probation Count Towards Gratuity?

Yes — your probation period counts as part of your total service period for gratuity purposes. If you complete probation and continue working, those months are included when your end-of-service gratuity is eventually calculated.

However, if you are terminated or resign during probation, you are not entitled to any gratuity at all. Gratuity eligibility requires a minimum of one full year of completed service.

Quick Rule:

Probation counts toward your total service time — but only if you make it past the 1-year mark. Leave before 1 year and you get nothing, regardless of whether you were on probation or not.

Can Probation Be Extended?

This is a grey area. The law says a maximum of 6 months, but some employers try to extend it. Technically, if the total probation period including any extension exceeds 6 months, the extension is illegal and the employee is considered to have passed probation.

If your employer attempts to extend your probation beyond 6 months without your consent and without a legitimate legal basis, you can raise this with MOHRE. Keep a record of your contract start date and any written communication about the extension.

Sick Leave and Annual Leave During Probation

You are entitled to sick leave during probation, but the rules are slightly different. If you are on sick leave during probation, your employer has the right to extend the probation period by the number of days you were absent. This is explicitly allowed under the law.

For annual leave, you technically start accruing it from day one, but most employers require you to complete your probation period before they allow you to take any leave. Your contract will usually specify this. Any accrued but untaken leave should still be paid out if you leave, though leave accrued during probation is minimal.

Real Situations We Have Seen

Case: Lena, resigned during 3-month probation to join competitor

Lena received a better offer 10 weeks into her probation. Because she was leaving for another UAE employer, she was required to give 1 month notice under the 2021 law. Her new employer agreed to wait. She resigned in writing, served her 30 days, and moved jobs with no issues. No labour ban applied because she followed the notice requirement correctly.

Case: Raj, dismissed during probation — is he owed anything?

Raj was let go after 5 months with 14 days notice as stated in his contract. He asked whether he was owed gratuity. The answer was no — he had not completed 1 full year of service, which is the minimum for gratuity entitlement. He was owed his full salary for the 14 days notice period and any accrued but unused leave, which came to AED 2,800. His employer paid both without dispute.

Frequently Asked Questions

Can my employer extend my probation beyond 6 months?

No. UAE law sets 6 months as the absolute maximum for probation. Any contract clause extending probation beyond this is unenforceable.

Do I accrue annual leave during probation?

Yes. Annual leave accrues at 2.5 days per month from your very first day, including during probation. You may not be allowed to take it during probation, but it accrues and must be paid out if you leave.

What if my employer dismisses me without any notice during probation?

Your contract should specify the notice period during probation — typically 14 days for employer-initiated termination. If dismissed with no notice and no payment in lieu, you can file a MOHRE complaint to recover those days.

Practical Tips Before Signing a Contract with Probation

Check the exact probation length in writing.It should be in your offer letter or contract. "Standard probation" is not specific enough.

Understand the notice period during probation.It is shorter, but still legally binding. Do not assume you can just walk out.

Ask about the performance review process.Many employers do a formal review at the end of probation. Know when it is and what criteria are used.

Keep your contract somewhere safe.If things go wrong, you will need to prove your start date and the agreed terms.

Disclaimer: This guide is for informational purposes only and is based on UAE Federal Decree-Law No. 33 of 2021 and Cabinet Resolution No. 1 of 2022. Laws are subject to change. Always consult MOHRE or a legal professional for advice specific to your situation.

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