What is the maximum probation period in the UAE?

6 months from the date of commencement, under FDL 33/2021 Article 9. It cannot be extended.

How much notice is required to terminate a worker during probation?

14 days' written notice from the employer. The worker continues to be paid through the notice period.

How much notice must a worker give to resign during probation?

1 month's written notice if moving to another UAE employer (and the new employer compensates the original for recruitment costs); 14 days if leaving the country entirely.

Is end-of-service gratuity payable when terminated during probation?

No. Workers terminated during probation have not completed the 1-year service requirement for gratuity under Article 51. Accrued unused leave is still payable in lieu.

Can probation be extended past 6 months?

No. A contractual extension beyond 6 months is unenforceable. On day 181 the worker is treated as a confirmed employee with full termination protections.

UAE labor law

UAE probation period: rules, notice, and what trips employers up

Updated 25 May 2026 · Based on Federal Decree-Law No. 33 of 2021, Article 9

Probation is the trial window at the start of an employment relationship — both sides can exit faster than under the normal termination rules. The UAE's current law sets tight limits on how long probation can last and adds a few specific notice obligations that catch employers out. This guide explains the rules under Federal Decree-Law 33/2021 Article 9.

The 6-month maximum

Article 9 caps probation at six months from the commencement date. Anything longer in the employment contract is unenforceable — the worker is treated as past probation on day 181, even if the contract claims otherwise. The cap also cannot be reset by amending the contract mid-probation or by re-issuing it; what matters is the continuous service date.

Confirmation of employment is implied — the worker becomes a non-probationary employee automatically at the end of the period, with no paperwork required. Many employers issue a confirmation letter as a courtesy, but the legal effect doesn't depend on it.

Termination by the employer

The employer can terminate during probation by giving the worker 14 days' written notice. The reason must be lawful — "not a good fit" is acceptable in practice, but discriminatory or retaliatory dismissals remain unlawful even during probation.

The worker continues to work — and be paid — through the notice period. The notice itself can be waived only by mutual agreement, typically by paying the worker in lieu of notice and ending the relationship the same day.

Workers terminated during probation are not entitled to end-of-service gratuitybecause they haven't completed a year of service. Accrued but unused leave is still payable in lieu.

Resignation by the worker

This is where the law gets specific and where most surprises happen. The notice the worker owes depends on where they're going next:

Moving to another UAE employer

The resigning worker must give one month's written notice. The new employer is required to compensate the original employer for the recruitment costs incurred (typically the visa and onboarding costs), up to limits defined by MOHRE. This is sometimes called the "poaching compensation."

Leaving the UAE entirely

The worker must give 14 days' written notice. If they breach this — leave the country without honouring the notice and don't return within 3 months — a labour ban of up to 1 year may be applied before they can be issued a new work permit.

What changes once probation ends

On day 181 (assuming a 6-month probation that wasn't terminated early), the worker transitions to a confirmed employee with all the protections under the wider labour law:

Notice period for either side becomes the contractual notice (typically 30–90 days), as defined under Article 43.
Termination must follow the lawful-grounds framework — no more "not a good fit" without exposure.
The worker begins accruing toward end-of-service gratuity, which becomes payable from the 1-year service mark.
Annual leave entitlement starts accruing at full statutory rate.

Common mistakes employers make

Trying to extend probation.A 6-month probation followed by a "3-month extension" is not enforceable. The worker is already confirmed.
Skipping the written-notice requirement. Verbal "today's your last day" terminations expose the employer to claims for the 14 days' pay plus accrued entitlements. Always document.
Forgetting the compensation owed to the previous employer. If your new hire is leaving another UAE employer mid-probation, MOHRE may bill you for the recruitment costs the previous employer incurred. Most offer letters now include a clause clarifying who absorbs this.
Treating probationary workers as "not yet employees." Probationary staff have full wage entitlement, are covered by WPS, and accrue leave at the same rate. The only difference is the easier exit path.

Have a specific probation scenario in mind?

Ask Mizan — every answer is cited to the exact article so you can verify before acting.

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Related resources

This guide is informational and does not constitute legal advice. Article references are to Federal Decree-Law No. 33 of 2021 as in force at the publication date. ADGM and DIFC employers are governed by separate regulations. Always confirm your specific case with a qualified UAE employment lawyer.