Under Article 9 of Federal Decree-Law No. 33 of 2021, probation in a UAE private-sector job can last up to six months. An employer must give at least 14 days' written notice to end it. If you resign to join another UAE employer, you must give at least one month's written notice. If you resign to leave the UAE, you must give at least 14 days. A foreign worker who leaves without following these rules can be refused a new work permit for one year. MoHRE applies these rules.
Who this guide is for
This guide is for employees of private-sector companies in mainland UAE and non-financial free zones registered with the Ministry of Human Resources and Emiratisation (MoHRE) who are still within their probation period. It follows Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (the Labour Law) and Cabinet Resolution No. 1 of 2022.
DIFC and ADGM employees have their own employment laws. Domestic workers are covered by Federal Decree-Law No. 9 of 2022. Once probation is over, the ordinary notice rules apply; see our guide on resignation notice periods.
The basic probation rules
- Maximum length. Probation cannot exceed six months from your start date (Article 9(1)). The UAE Government portal adds that it cannot be extended for another term.
- Once per employer. An employer can put you on probation only once (Article 9(2)).
- It counts as service. If you pass probation and stay, the probation period counts towards your service (Article 9(2)).
- Annual leave. The employer may let you take annual leave during probation. If you do not pass probation, you keep the right to be paid for your remaining leave balance (Article 29(3)).
- Sick leave. The UAE Government portal says paid sick leave starts after probation, but the employer may grant unpaid sick leave during it on a recognised medical report.
- Non-compete. Cabinet Resolution No. 1 of 2022 (Article 12(5)) exempts a worker from a non-compete clause if the contract ends during probation.
How much notice is needed during probation?
| Situation | Minimum written notice | Other consequences |
|---|---|---|
| Employer ends your contract | 14 days before the termination date (Article 9(1)) | None for you under Article 9 |
| You resign to join another UAE employer | One month (Article 9(3)) | The new employer compensates the original employer for recruitment or contracting costs, unless agreed otherwise |
| You resign to leave the UAE | 14 days before the termination date (Article 9(4)) | If you return on a new work permit within three months of leaving, the new employer pays that compensation, unless you and the original employer agreed otherwise |
| Either side skips the notice | None given | The party at fault pays compensation equal to the worker's wage for the notice period or the part not given (Article 9(5)) |
Under the wording of Article 9, the recruitment-cost compensation is owed by the new employer. The article does not make the worker liable for it, unless the parties agreed otherwise.
Can I get a one-year work permit ban?
Yes, in some cases. Article 9(6) says a foreign worker who leaves the UAE without complying with Article 9 will not be given a work permit for one year from the date of leaving.
The official summaries word this slightly differently. The UAE Government portal and Article 8 of Ministerial Resolution No. 47 of 2022 (published on the portal in unofficial English translation) say the ban applies where the worker ends the contract during probation, provided the employer had not breached its obligations, and that the year runs from the date the worker leaves the UAE. The law ties the ban to not following Article 9. Because the wording differs, confirm your position with MoHRE before you resign.
Exemptions. Article 9(7) lets MoHRE exempt some categories. Article 11 of Cabinet Resolution No. 1 of 2022 lists:
- workers at professional, skill or knowledge levels the UAE needs;
- workers on a family member's residence;
- Golden residence holders;
- other occupational categories set by ministerial decision.
For how to check and contest a ban, see our guide on checking a labour ban.
Step by step
- Confirm your dates. Check your start date and the probation length in your MoHRE contract. It cannot be more than six months.
- Decide which route applies. New UAE job, leaving the UAE, or being dismissed.
- Give written notice. One month if moving to a UAE employer, 14 days if leaving the UAE. Keep proof of delivery.
- Tell your new employer about Article 9(3). They may need to settle recruitment costs with your current employer.
- Ask MoHRE about any ban risk. Call 600590000 before you resign if you are unsure.
- Work through the notice. Leaving early can lead to compensation under Article 9(5).
- Check your final pay. Final wages and unused leave are due within 14 days of the contract ending (Article 53). Gratuity needs at least one year of continuous service (Article 51), so it is not normally due at this stage.
- Cancel your permit properly. Follow the visa cancellation checklist so you do not overstay.
Documents checklist
- Offer letter and MoHRE employment contract showing the probation period
- Your resignation or the employer's termination notice, with dates
- Proof of delivery (email, HR acknowledgement)
- New employer's offer, if moving within the UAE
- Any written agreement on recruitment costs or notice
- Payslips and leave records
- Residence details, such as family sponsorship or Golden residence, if you may be exempt from a ban
Common mistakes
- Giving 14 days when moving to a UAE employer. The minimum is one month for a move inside the UAE.
- Assuming probation can be extended. Six months is the legal maximum.
- Assuming you must pay recruitment costs. Article 9 places that compensation on the new employer unless something else was agreed.
- Leaving the UAE without notice. This can trigger the one-year work permit ban.
- Forgetting your leave balance. If you do not pass probation, you are still owed pay for your remaining leave balance (Article 29(3)).
- Signing a settlement that waives rights. Article 65(3) makes waivers of Labour Law rights void where they break the law, but it is easier to check before you sign.
When to speak to a licensed lawyer
Advice may help if your employer claims large costs from you, if you have been told a ban will be imposed, if you are unsure whether an exemption applies, or if the employer says your probation was extended. The free case check can help you set out the facts first, and CaseDaleel can introduce an independent licensed professional only if you choose.
Frequently asked questions
How long can probation last in the UAE?
Up to six months from your start date, and only once with the same employer (Article 9).
How much notice must my employer give during probation?
At least 14 days' written notice before the termination date (Article 9(1)).
How much notice do I give to join another UAE company?
At least one month in writing, and the new employer compensates your current employer for recruitment costs unless agreed otherwise (Article 9(3)).
How much notice do I give to leave the UAE during probation?
At least 14 days in writing (Article 9(4)).
Will I get a one-year ban if I resign during probation?
A ban can apply if you leave without following Article 9; official summaries also mention it where the employer had not breached the contract, so confirm with MoHRE before resigning.
Who is exempt from the probation work permit ban?
Cabinet Resolution No. 1 of 2022 lists workers with needed skills, those on a family member's residence, Golden residence holders and other categories set by the Minister.
Do I get gratuity if I leave during probation?
Not normally, because gratuity requires at least one year of continuous service (Article 51).
Official sources
- UAE Legislation — Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (official Arabic text)
- UAE Legislation — Cabinet Resolution No. 1 of 2022 implementing the Labour Law (official Arabic text)
- UAE Government portal — Employment contracts: duration and models
- UAE Government portal — Banning the issuance of a new work permit for one year
- UAE Government portal — Terminating employment contracts
General information, not legal advice. CaseDaleel is not a law firm.