Key takeaways
- Probation can't exceed six months from your start date, and it can be used only once with the same employer (Article 9).
- An employer ending the contract in probation must give at least 14 days' written notice.
- You give at least one month's written notice to join another UAE employer, or 14 days to leave the UAE.
- A foreign worker who leaves the UAE without following Article 9 can't get a work permit for one year, unless MOHRE exempts them.
- There's no paid sick leave in probation (your employer may grant unpaid sick leave), and probation counts towards your service, including for gratuity, once you pass.
How long probation lasts and how it's set
Article 9 of Federal Decree-Law No. 33 of 2021 lets an employer appoint you on probation for up to six months from the date you start work. It can't be used more than once with the same employer, and the government portal adds that it can't be extended for another term.
Probation is optional: the law says the employer may use it, to assess your performance and decide whether to continue or end the contract (Article 1). Article 10 of the Executive Regulation (Cabinet Resolution No. 1 of 2022) lists the probation period, if any, among the details the employment contract includes. Check the probation length in your contract before you sign.
These rules cover the private sector. The government portal says free zone staff are generally governed by their free zone authority's employment regulations together with Federal Decree-Law No. 33 of 2021, and that free zone rules are typically aligned with the federal law. DIFC and ADGM have their own employment frameworks, domestic workers fall under Federal Decree-Law No. 9 of 2022, and the law doesn't apply to federal and local government employees.
Notice periods during probation
Article 9 sets the notice by who ends the contract and, for workers, where you're going next. All notice must be in writing.
| Who ends the contract | Minimum written notice | What else applies |
|---|---|---|
| Employer | 14 days before the termination date | No other condition in Article 9 |
| Worker joining another UAE employer | One month | The new employer compensates your current employer for recruitment or contracting costs, unless agreed otherwise |
| Foreign worker leaving the UAE | 14 days before the termination date | If you return on a new work permit within three months, the new employer pays the recruitment-cost compensation, unless you and your original employer agree otherwise |
| Either side, ignoring these rules | Not given or cut short | Pays the other side the worker's wage for the notice period, or the part not served (Article 9(5)) |
After probation, the notice period in your contract applies instead: 30 to 90 days under Article 43. Our resignation guide covers that. Separately, Article 44 lets an employer dismiss a worker without notice in the cases it lists, such as false documents or long unexcused absence, after a written investigation; see termination under UAE labour law.
Resigning in probation: the work permit bar
A foreign worker who leaves the UAE without following Article 9 can't get a new UAE work permit for one year from the date of leaving (Article 9(6)). The government portal lists, as a ban ground, a worker ending the contract during probation where the employer hasn't breached it, and says the ban starts when the worker leaves the UAE. Where the two differ, the law text leads; MOHRE (600590000) can confirm whether a ban is recorded.
MOHRE may exempt some workers from this bar. Article 11 of the Executive Regulation names workers with skill or knowledge levels the UAE needs, workers sponsored by their parents, Golden residence holders and categories set by ministerial resolution. A non-compete clause doesn't apply if the contract ends during probation (Executive Regulation, Article 12).
- 1. Check your dates. Find your start date and the probation length in your contract.
- 2. Match the notice to your plan. One month if you're joining another UAE employer; 14 days if you're leaving the UAE.
- 3. Give written notice. Date it, state your last day and keep proof it was received.
- 4. Settle recruitment costs. Moving to a UAE employer? Confirm it will compensate your current employer, or agree otherwise.
- 5. Serve the full notice. Leaving early means paying your wage for the unserved part.
- 6. Plan the visa cancellation. Read our visa cancellation guide for the steps and grace periods.
Sick leave and annual leave during probation
Sick leave. Article 31(2) gives no paid sick leave during probation. Your employer may grant unpaid sick leave based on a Medical Authority report stating that you need it. Paid sick leave starts after probation; the full rules are in our sick leave guide.
Annual leave. Your employer may agree to let you take leave from your annual leave balance during probation, and if you don't pass probation, you're still paid for the rest of your balance (Article 29(3)). Article 29 gives 2 days a month once your service is over six months but under a year, and 30 days a year after that. See annual leave under UAE labour law for the full rules.
Probation, service and gratuity
If you pass probation and keep working, your contract continues on the agreed terms and the probation period counts as part of your service (Article 9(2)). The law measures continuous service from the date you start work.
That matters for gratuity. Article 51 pays a foreign full-time worker gratuity after one year of continuous service, so your probation months count towards that first year. Because probation can't exceed six months, a contract that ends during probation doesn't reach the one-year mark. However the contract ends, Article 53 gives your employer 14 days to pay your wages and other entitlements. See how to calculate gratuity or use our gratuity calculator for an estimate.
Global Sky PRO handles the HR and PRO paperwork around probation: employment contracts, MOHRE applications, and work permit and visa processing. MOHRE and the other authorities decide each application. We're not a law firm. MOHRE handles complaints and decides claims up to AED 50,000, which either side can challenge in court. Employers can use our HR and payroll services, and workers can get help filing a labour complaint.
Sources
- UAE Legislation: Federal Decree-Law No. 33 of 2021 regulating labour relations
- UAE Legislation: Cabinet Resolution No. 1 of 2022, Executive Regulation of the labour law
- UAE government portal: employment contracts, duration and models in the private sector
- UAE government portal: banning the issuance of a new work permit for one year
- UAE government portal: types of leaves
- UAE government portal: end of service benefits in the private sector
- UAE government portal: recruiting in free zones
Official sources checked on 12 November 2026. This guide explains published rules in plain English and is not legal or tax advice. Rules change; we check the current position for your case before you act.