Key takeaways
- The probation period (UAE) is capped at six months from the day you start work, under Article 9 of Federal Decree-Law No. 33 of 2021. It is optional, it can be shorter, and it cannot be extended beyond six months.
- One probation per employer. The law says a worker may not be placed on probation more than once with the same employer, so a renewal, promotion or new contract with that employer cannot restart it.
- The employer can end the contract during the probation period with at least 14 days’ written notice. No reason has to be given, but the notice must be in writing, and the separate protections against unlawful dismissal still apply.
- You can resign during the probation period in two ways: at least one month’s written notice to move to another UAE employer (the new employer compensates the old one for recruitment costs unless you agreed otherwise), or at least 14 days’ written notice to leave the UAE.
- Breaking the notice rules costs money and can cost a year. The party who skips notice pays the wage for the notice period, and a worker who leaves in breach of Article 9 can be refused a new work permit for one year.
- No paid sick leave during the probation period. The employer may grant unpaid sick leave on a medical report. Statutory annual leave starts once service passes six months.
- The probation period counts as service once you pass it, for leave, notice and end of service gratuity. A non-compete clause does not apply if the contract ends during the probation period.
- DIFC and ADGM have their own employment laws, so the Article 9 rules, the recruitment-cost transfer and the one-year permit ban do not carry across to them unchanged.
In short: Under Article 9 of Federal Decree-Law No. 33 of 2021, UAE probation can last no more than six months from the first working day (180 days, because Article 67 counts a month as 30 days). It cannot be extended or repeated with the same employer, and counts as service once passed. During probation the employer can end the contract with 14 days’ written notice. A worker can resign with one month’s (30 days’) written notice to join another UAE employer, which then compensates the old employer’s recruitment costs unless agreed otherwise, or with 14 days’ notice to leave the UAE. Skipping notice costs the notice-period wage and can lead to a one-year work permit ban.
The probation period UAE labour law allows is a trial stage of up to six months at the start of an employment contract, set by Article 9 of Federal Decree-Law No. 33 of 2021. During it the employer can end the contract on 14 days’ written notice, and the worker can leave on one month’s notice to join another UAE employer or 14 days’ notice to leave the country. It cannot be extended or repeated with the same employer, and once passed it counts as part of the worker’s service.
This guide is written from the text of the Decree-Law and its Executive Regulation (Cabinet Resolution No. 1 of 2022), Ministerial Resolution No. 47 of 2022, MOHRE’s published answers and the federal portal u.ae. It was first checked on 23 September 2026, and the rules it states were re-checked on 10 and 11 October 2026 against MOHRE’s published texts of the Decree-Law and the Executive Regulation and the current u.ae pages. It covers the length of probation, every exit route and its notice, recruitment costs, the one-year work permit ban, pay, sick leave, annual leave, gratuity, non-compete clauses, free zones, and what each side should put on paper. Notice periods after the probation period have their own guide: notice period under UAE labour law. The legal rules on termination, dismissal without notice and unfair dismissal are explained in our chapter on ending an employment contract (Articles 42 to 48). For the law itself, article by article, read our chapter on employment contracts, probation and non-compete (Articles 8 to 12).
Probation period UAE at a glance
This table sets out the probation rules UAE employers and employees ask about most, with the provision behind each one. The detail and the exceptions follow in the sections below.
| Question | The rule | Where it is written |
|---|---|---|
| Maximum length | Six months from the date work starts | Decree-Law 33/2021, Art. 9(1) |
| How the six months are counted | 180 days from the first working day, because the law counts a month as 30 days | Art. 67 |
| Is probation compulsory? | No. The employer “may” set one; it can be shorter than six months or left out | Art. 9(1) |
| Can it be extended? | Not beyond six months in total; u.ae says it must not “be extended for another term” | Art. 9(1); u.ae |
| Can it be repeated? | No. Not more than once with the same employer | Art. 9(2) |
| Employer ends it | At least 14 days’ written notice | Art. 9(1) |
| Worker moves to another UAE employer | At least one month’s written notice; the new employer compensates recruitment costs unless the worker and old employer agreed otherwise | Art. 9(3) |
| Worker leaves the UAE | At least 14 days’ written notice; if back on a new work permit within three months, the new employer compensates the old one | Art. 9(4) |
| Notice not given | The party in breach pays the wage for the notice period, or the part not served | Art. 9(5) |
| One-year work permit ban | Possible where a worker leaves in breach of Article 9, or ends the contract in the probation period while the employer is not in breach | Art. 9(6); Ministerial Resolution 47/2022, Art. 8 |
| Paid sick leave | Not during the probation period; unpaid sick leave may be granted on a medical report | Art. 31; u.ae |
| Annual leave | Statutory leave starts after six months’ service (2 days a month until one year) | Art. 29; u.ae |
| Counts as service? | Yes, once passed and the worker stays on | Art. 9(2) |
| Non-compete clause | Does not apply if the contract ends during the probation period | Executive Regulation, Art. 12 |
Probation period UAE: how MIRDXB PRO helps
People rarely ask us about Article 9 in the abstract. They ask because a better offer arrived in month three, because a manager has just said “we need to talk” in month five, because an HR team has sent an “extension of probation” letter, or because a former employer is demanding visa costs before it will cancel a permit. We are a PRO and visa services firm in Al Barsha 1, Dubai, and we handle MOHRE contracts, work permits and cancellations every working day.
When a contract needs to be prepared, amended or registered correctly on the MOHRE system, the direct route is our MOHRE contract preparation and approval service. When a probation exit has turned into a dispute about notice pay, recruitment costs or wages, we prepare and follow the case through our labour claim and MOHRE case service.
What we do
- Tell you which exit route applies. Moving to another UAE employer, leaving the country and being let go by the employer each carry different notice and different costs. We read your contract and dates and tell you, in writing, which route you are on.
- Work out the dates. When probation started, when it ends, the last day notice can be given so that it runs out inside the probation period, and the last working day.
- Check a demand for recruitment costs against Article 9 and your contract, and tell you whether it is yours to pay, your new employer’s, or nobody’s.
- Prepare employer paperwork: probation clauses in MOHRE contracts, written termination notices, confirmation letters, and the work permit and residence cancellation that follow an exit.
- Handle the MOHRE side when something goes wrong: a complaint about unpaid wages or notice pay, a disputed absence report, or a question about a one-year ban.
How it works
- WhatsApp us first with your contract or offer letter, your start date and one line on what you want to do.
- We reply with the route, the notice, the dates and the likely costs, with the rule behind each point.
- You decide whether to act on our note yourself or have us prepare the letters, the MOHRE transaction or the cancellation for a fee quoted in writing.
- We close the file only when the contract, work permit and residence record show what they should, and you hold copies.
What it costs
Government and typing-centre charges are passed on at cost, with the receipt. Our own fee is quoted in writing before we start and depends on the work: a one-off review of a probation exit is a different job from preparing contracts for a team or running a MOHRE case. You can see how we price on our fees page, and current government charges are listed in our UAE government fees list. MOHRE’s labour complaint service card lists no fee for the worker.
Why residents use us
- We publish our sources: each rule on this page is tied to the article of the law or the official page that sets it.
- We handle MOHRE, GDRFA Dubai and ICP files, so the contract, the work permit and the residence visa are dealt with together.
- We tell you when you do not need us. If your notice letter is fine and the dates work, we say so.
- Our office is in Al Barsha 1, open by appointment; whatsApp us any time, 24 hours; office open Monday to Friday, 9:00 to 18:00 (Dubai time).
Article 9 UAE labour law: what each clause says
Article 9 of Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations is the whole legal basis of probation in the private sector onshore. It came into force on 2 February 2022, replacing the probation rules of the 1980 Labour Law. The Decree-Law has been amended three times since (the uaelegislation.gov.ae record shows three amendments), but none of the amendments we have seen reported changed Article 9.
The official English text is a translation; the Arabic text prevails. We summarise each clause below in plain words, quoting the short phrases that matter. Where the clause numbers are cited, they follow the official English translation as reproduced in published copies.
| Clause | What it says, in plain words | What it means in practice |
|---|---|---|
| 9(1) | The employer may employ the worker on probation for a period “not exceeding (6) six months” from the start of work, and may end the employment during the probation period by notifying the worker in writing at least 14 days before the termination date | Six months is a ceiling, counted from the first working day, and the employer’s exit needs written notice |
| 9(2) | A worker may not be placed on probation “more than once” with one employer. If the worker passes and stays on, the contract continues and the probation period counts as part of the service period | No second probation after a renewal or promotion; service runs from day one |
| 9(3) | A worker who wants to move to another employer in the UAE during the probation period must notify the current employer in writing at least one month before; the new employer compensates the original employer for recruitment or contracting costs, unless the worker and the original employer agreed otherwise | One month’s notice; the cost falls on the incoming employer by default |
| 9(4) | A non-citizen worker who wants to end the contract during the probation period to leave the UAE must give at least 14 days’ written notice. If the worker returns and gets a new work permit within three months of leaving, the new employer compensates the original employer as in 9(3), unless otherwise agreed | The short notice is for genuine departure; a quick return moves the cost to the next employer |
| 9(5) | A party who ends the contract without following the clauses above must pay the other party compensation equal to the worker’s wage for the notice period, or for the part of it not served | Skipping notice comes at a cost for either side |
| 9(6) | A non-citizen worker who leaves the UAE without following the article is not granted a work permit for one year from the date of leaving | The statutory root of the one-year ban |
| 9(7) | The Ministry may exempt some categories, skill levels or workers from the one-year restriction, under the Executive Regulation | Exemptions exist, but they are set by MOHRE, not by the worker |
How long is the probation period in the UAE, and how do you count it?
Article 9(1) sets the ceiling at six months “from the date of commencement of work”. Three consequences follow, and each one settles arguments we see regularly.
- The clock starts on your first working day. Not on the date of the offer letter, the entry permit, the medical test, the Emirates ID or the date the MOHRE contract was approved. If you started work on 1 March, the probation period can run no later than 27 August (day 180, counted as explained below), whatever date is printed on the residence visa.
- Six months is a maximum, not a standard. The law says the employer “may” use probation. A three-month probation is lawful, and so is none at all. What the contract says governs, as long as it does not go beyond six months.
- A longer figure in the contract does not stretch the law. A contract clause setting nine or twelve months of probation is capped by Article 9 at six. Article 65(3) of the Decree-Law makes contract terms that are less favourable to the worker than the law null, so the probation period ends at six months whatever the contract says.
How do you calculate a six-month probation period?
Article 67 of the Decree-Law says that the periods in the law are counted on the Gregorian calendar, with a month of 30 days and a year of 365 days. On that basis, six months of probation is 180 days counted from the first working day, and the one month’s notice in Article 9(3) is 30 days. Counting by calendar months instead (1 March to 31 August) gives a few extra days, so use the 180-day figure for any decision: it is the earlier, safer date.
For example, if work started on 1 March, day 180 is 27 August. An employer that wants the contract to end inside the probation period must give its 14 days’ written notice by 13 August. If the MOHRE contract sets a shorter probation, count from the same first day using the contract figure.
Can the employer extend probation?
Not beyond six months. The u.ae summary of Article 9 says the probation period “must not exceed six months, or be extended for another term”. Two situations need to be kept apart.
| Situation | Position |
|---|---|
| Contract says three months; employer extends to five | Unclear. The u.ae wording (“or be extended for another term”) reads as barring any extension; the Decree-Law sets a six-month ceiling and does not address a shorter probation being lengthened within it. If it happens, it should be agreed in writing before the original end date, and nothing past six months has any effect |
| Contract says six months; employer “extends by three months” | Not allowed. The probation period ended at six months and you are a confirmed employee from that date, with the ordinary notice rules of Article 43 |
| Employer asks you to sign a new contract with a new probation | Not allowed with the same employer: Article 9(2) bars more than one probation |
| Employer says nothing when six months pass | Probation has ended. Silence is confirmation in practice, because the law gives no route to keep someone on probation after the ceiling |
This letter is common, and it is usually sent without bad intent: a manager wants more time. But once the six months have passed, the letter does not put you back on probation. If the employer then ends the contract on 14 days’ notice, that is a confirmed employee being given probation notice, and the shortfall against the contract’s Article 43 notice period is payable. Keep the letter and the date you received it.
One probation per employer: renewals, promotions and rehiring
Article 9(2) is short: a worker may not be placed on probation more than once with one employer. It is the clause most often overlooked, and it answers several questions at once.
| Situation | Can a new probation be imposed? | Why |
|---|---|---|
| Contract renewed at the end of its term | No | Same employer; Art. 9(2) |
| Promotion or new job title with the same employer | No | Same employer; the contract is amended, not replaced by a new employment |
| Change of work model (full-time to part-time) with the same employer | No | Same employer; Executive Regulation Art. 10(3) governs the change |
| Rehired by the same employer after leaving | The text says no | Art. 9(2) refers to the employer, not the contract. Employers sometimes argue a fresh employment is different; the wording does not support that |
| Moved to a different company in the same group | Possibly | A separate legal entity is a different employer. Agree in writing before the move whether probation applies and whether your earlier service carries over |
| Business sold and staff transferred | Should not | Where employment continues with the new owner, service is continuous. Get the transfer terms in writing |
The three exits from probation, and the fourth rule
Article 9 gives each side its own way out. Which route applies depends on who is ending the contract and, for the worker, where they are going next. This is the table to keep.
| Who ends it, and why | Minimum notice | Who pays recruitment costs | One-year ban risk | Source |
|---|---|---|---|---|
| Employer ends it, for any reason | 14 days, in writing | Nobody | None for the worker | Art. 9(1) |
| Worker moves to another UAE employer | One month, in writing | The new employer compensates the old one, unless the worker and old employer agreed otherwise | Low if notice is served; high if not | Art. 9(3); MR 47/2022 Art. 8 |
| Worker resigns to leave the UAE | 14 days, in writing | Nobody, unless the worker returns on a new permit within three months | Low if notice is served; high if not | Art. 9(4) and (6) |
| Worker left, then returns on a new permit within three months | Not applicable | The new employer compensates the old one, unless otherwise agreed | Depends on how the worker left | Art. 9(4) |
The asymmetry is deliberate. The employer needs 14 days to end the relationship. A worker needs a full month to move to a competitor in the same market, but only 14 days to leave the country. The law is protecting the cost an employer has spent bringing someone in: permit, entry, medical, Emirates ID and often flights and agency fees. Moving within the UAE shifts that cost to the new employer; leaving the country does not, unless the worker comes straight back.
Can an employer terminate you during probation, and with how much notice?
Article 9(1) lets the employer end the employment during the probation period by notifying the worker in writing at least 14 days before the termination date. u.ae puts it as “for any reason”. This is the main difference from ordinary employment: after the probation period, ending a contract needs one of the lawful grounds in Article 42 and the full notice in Article 43; during the probation period, a written 14 days is enough.
| Element | Position |
|---|---|
| Minimum notice | 14 days. The contract may give more, but not less |
| Form | Written. A conversation or a phone call is not notice. Email or a signed letter works; keep proof of delivery |
| Reason | None has to be stated, but see the limits below |
| During the 14 days | The contract is live: work continues, the wage is paid through WPS, and the worker keeps every right |
| Pay instead of notice | If the employer ends it at once, Article 9(5) requires compensation equal to the wage for the notice period, or the part not given |
| What is due at the end | Wages to the last day, any contractual benefits, and anything accrued; paid within 14 days of the end of the contract (Art. 53) |
| End of service certificate | At no charge, on request, under Article 13(11) |
| Cancellation | The employer cancels the work permit and residence; the worker’s grace period follows |
What “any reason” does not cover
The freedom to end probation is wide, but it sits inside the rest of the law. Three limits apply from the first day of work.
- Retaliation. Article 47 treats a termination as unlawful where it is because the worker filed a serious complaint with MOHRE or a valid lawsuit against the employer. Probation does not switch that off. If a dismissal follows a complaint, keep the dates of both.
- Discrimination. Article 4 bars discrimination on grounds such as race, colour, sex, religion, national or social origin and disability. A probation exit that is really about one of those grounds is not protected by the words “any reason”.
- Harassment and violence. Article 14 of the law prohibits sexual harassment, bullying and verbal, physical or psychological violence against a worker. A worker who complains about any of these during the probation period is protected in the same way as any other worker.
Article 47 compensation for an unlawful termination is set by the court and cannot exceed three months’ wage. The practical point is evidence: a written notice that arrives the day after a complaint says more than any argument.
The deadline every employer should diarise
The notice has to end the contract during the probation period. The safer reading of Article 9(1) is that the termination date should fall inside the six months, which means the written notice has to be given at least 14 days before the probation period ends. An employer who decides on the last day of month six is too late: the worker is confirmed, and the full Article 43 notice (30 to 90 days, as the contract states) applies. The law does not deal with this timing in so many words, and we have not seen MOHRE guidance on it, so the cautious course is to decide early.
When someone joins, record two dates: the probation period end date, and the date 14 days before it. Hold the review before the second date. If the decision is to confirm, send a short confirmation letter. If it is to end the contract, the notice goes out while there is still time to serve it inside the probation period.
How much notice do you give to resign during probation and join another UAE employer?
Article 9(3) is the route when a worker has a new job in the UAE lined up. It asks for more from the worker than the other routes: at least one month’s written notice to the current employer. And it moves money between the two employers.
| Element | Position |
|---|---|
| Minimum notice | One month, in writing, before the termination date |
| Who pays recruitment costs | The new employer compensates the original employer for the costs of recruiting or contracting the worker |
| Can that be changed? | Yes, “unless otherwise agreed” between the worker and the original employer |
| Does the worker pay by default? | No. The default liability sits with the incoming employer |
| Non-compete | Does not apply where the contract ends during the probation period (Executive Regulation Art. 12) |
| Ban risk | Low where notice is served and the MOHRE steps are done; see the ban section below |
“You must repay your visa costs before you can leave”
This is the sentence we hear most often from people resigning in the probation period, and it is not what Article 9(3) says. The default is that the new employer compensates the old one. The only way the worker becomes liable is an agreement between the worker and the original employer, and that agreement has to exist, usually as a signed clause or letter.
Two other provisions point the same way. Article 6 of the Decree-Law bars an employer from charging a worker recruitment fees or costs, directly or indirectly. And an employer may not hold a worker’s passport or other official documents (Article 13(2)); u.ae states that confiscating a worker’s documents is prohibited. So a demand of “pay us or we will not cancel your permit” is on weak ground, and a complaint to MOHRE is the answer to it, not payment.
If you did sign something that makes you liable, it is a real conversation, but a narrower one: what exactly did you agree to, and are the sums actual and evidenced?
What counts as recruitment costs?
The Decree-Law creates the liability but, in the texts we have read, does not list what may be claimed or set a ceiling. The costs usually at issue are the ones an employer can show receipts for:
- work permit and MOHRE fees for the worker;
- entry permit, status change and residence visa fees;
- medical fitness test and Emirates ID;
- recruitment agency fees paid by the employer;
- a flight to the UAE, if the employer paid for it.
We do not publish a formula or a typical figure, because none is published. What we would say is practical: the claim should be for actual costs with receipts, not a round number named on the day you resign. The two employers often settle it between themselves. If it cannot be agreed, it is a labour matter for MOHRE. For a sense of what the government part of hiring costs, see our UAE employment visa cost breakdown.
Recruitment costs under Article 9(3) are the new employer’s bill. A new employer that finds out at the work permit stage may delay or reconsider. One that knows at the offer stage can budget for it, negotiate a start date, or agree the figure with your current employer. Raise it early, in writing.
The practical steps
- Check your dates and contract: are you still inside the probation period, and does the contract ask for longer notice than the law?
- Give written notice of at least one month, saying you are moving to another UAE employer, and keep proof of delivery.
- Serve the month and keep attending: more than seven consecutive days’ absence can lead to an absence report (Ministerial Resolution 47/2022, Art. 6).
- Complete the MOHRE and residence steps with the new employer. Our guide to cancelling an employment visa explains the normal route.
How much notice do you need to resign during probation and leave the UAE?
Article 9(4) covers a non-citizen worker who ends the contract during the probation period to leave the country. The notice is shorter, at least 14 days in writing, and there is no recruitment-cost transfer, on one condition.
The three-month return rule
If the worker comes back and obtains a new work permit within three months of leaving, the new employer must compensate the original employer for recruitment costs, as under Article 9(3), unless the worker and the original employer agreed otherwise.
| What happens after you leave | Consequence |
|---|---|
| You stay away | No recruitment-cost liability for anyone |
| You return on a visit visa and do not work | Article 9(4) is about a new work permit; a visit alone does not trigger it |
| You return and a new work permit is issued within three months of your departure | The new employer owes the original employer’s recruitment costs, unless otherwise agreed |
| You return and the new permit is issued after three months | No compensation under Article 9(4) |
| You left without serving the 14 days | A separate question: compensation under Art. 9(5) and the one-year permit ban under Art. 9(6) |
The three-month rule is not a ban. Nothing in Article 9(4) stops you coming back or working. It creates a cost for whoever employs you inside the window, which a prospective employer may prefer to avoid by moving the start date. That is a commercial conversation, not an immigration prohibition. The one-year ban, covered next, is a different thing with a different trigger.
The 14-day route depends on the purpose: ending the contract to leave the UAE. Write that in the resignation letter. A 14-day resignation that turns out to be a move to a local competitor looks like an attempt to use the short route for the long one, and it invites a complaint.
Breaking the notice rules: compensation and the one-year work permit ban
Most of the fear around the probation period comes from the word “ban”. The current rules are narrower than what circulates, and they come from two places that need to be read together.
1. Compensation for notice not given (Article 9(5))
Either party who ends the contract during the probation period without following Article 9 owes the other compensation equal to the worker’s wage for the notice period, or for the part of it that was not served. In practice:
- An employer who dismisses on the spot in month two owes 14 days’ wage on top of the wages already earned.
- A worker who leaves to join another UAE employer after ten days of a one-month notice owes the wage for the remaining period.
- A worker who leaves the UAE without giving 14 days owes the wage for the 14 days, or the part not served.
Article 9(5) speaks of the worker’s “wage”, and Article 1 of the Decree-Law defines the wage and the basic wage separately, so expect the full wage, not only the basic, to be argued for. If it matters, the contract and a MOHRE officer’s view on your facts are worth having before you pay or claim.
2. The one-year work permit ban
Two legal provisions deal with it, and u.ae explains how MOHRE applies them.
| Source | What it says |
|---|---|
| Decree-Law 33/2021, Art. 9(6) | A non-citizen worker who leaves the UAE without following Article 9 is not granted a work permit for one year from the date of leaving |
| Decree-Law 33/2021, Art. 9(7) | The Ministry may exempt some categories, skill levels or workers |
| Ministerial Resolution 47/2022, Art. 8 | A worker whose work relationship ended for either of two reasons “shall not be granted a work permit before the lapse of one year from the date of his/her departure”: (1) the worker ended the contract during the probation period, “provided that the employer is not in breach”; (2) a work abandonment report was found to be true |
| u.ae, “Banning the issuance of a new work permit for one year” (updated 12 August 2026) | The ban follows a labour complaint by the employer, which MOHRE reviews “through several stages”. It covers three cases: the worker ends the contract during the probation period unless the employer breached its obligations; a work abandonment report is proven; or the worker’s permit with a fictitious establishment is cancelled. It lifts automatically when the period ends, counted from the date the worker leaves the UAE, and it can be contested by a grievance through MOHRE’s channels; MOHRE call centre 600590000 |
Article 9 of the Decree-Law ties the ban to leaving “without following” the article, which reads as a ban for skipping or cutting short the notice. Article 8 of Ministerial Resolution 47/2022 is wider on its face: it refers to any worker who ends the contract during the probation period where the employer is not in breach, and does not mention notice. u.ae describes the ban as a consequence of violating the Decree-Law. We have not found an official statement that a worker who serves the full Article 9 notice can never be banned. The practical reading, which matches how the ban is imposed (on an employer’s complaint, reviewed by MOHRE), is that serving the right notice in writing is your protection. If your situation is borderline, ask MOHRE on 600590000 or the labour claims line 80084 before you resign.
Who is exempt
Article 9(7) of the Decree-Law lets MOHRE exempt job categories, skill levels or workers from the permit restriction in clauses (4) and (6), and Article 11 of the Executive Regulation (Cabinet Resolution No. 1 of 2022) sets the rules. MOHRE may exempt a worker who: (1) has skills, professional or knowledge levels in demand; (2) holds a residence visa sponsored by family; (3) holds a Golden Visa; or (4) falls into a professional category set by ministerial resolution. u.ae gives a similar list in the context of a proven work abandonment complaint, and adds workers applying for a new permit with the same establishment. The wording is “may exempt”, so an exemption is MOHRE’s decision on your file: confirm it before you resign rather than assume it.
The ban starts from the date you leave the UAE and lifts on its own when the year has passed, as u.ae confirms. It bars a new work permit; it is not a travel ban or an immigration ban. For how to check whether one applies, and how to contest it, see our guide to the UAE labour ban. Immigration and travel bans are different things with different authorities: see types of ban in the UAE.
Many websites and some employers still talk about a six-month labour ban for leaving early. That reflects older rules. Under the 2021 law the restriction is one year and applies only in the defined cases above. An ordinary resignation with proper notice, after the probation period or during it, is not a ban ground on the face of the Decree-Law.
Pay and entitlements during the probation period
The probation period limits a small number of rights. Most of the law applies from the first day. This table sets out the probation rules UAE workers most often get wrong on entitlements.
| Entitlement | During the probation period | Source |
|---|---|---|
| Full wage, paid on time through WPS | Yes, exactly as for any other worker | Decree-Law, wages chapter; WPS rules |
| Written, MOHRE-approved contract and work permit | Yes. Probation does not delay either | Art. 8; Exec. Reg. Art. 10 |
| Weekly rest, working hours and overtime rules | Yes | Art. 17 to 21 |
| Official public holidays with pay | Yes | Art. 28 |
| Paid sick leave | No. Unpaid sick leave may be granted on a medical report | Art. 31; u.ae |
| Statutory annual leave | Starts only once service passes six months | Art. 29; u.ae |
| Maternity leave | u.ae lists no probation or service condition for the 60 days | Art. 30; u.ae |
| Parental leave (5 working days) and bereavement leave | u.ae lists no service condition | Art. 32; u.ae |
| Study leave | No. Requires at least two years’ service | u.ae |
| End of service gratuity | Not if employment ends before one year; once passed, probation counts towards it | Art. 9(2), 51 |
| ILOE unemployment benefit | A claim needs at least 12 consecutive months of subscription, so not usually after a probation exit | Decree-Law 13/2022 |
| Protection from unlawful dismissal, harassment and discrimination | Yes | Art. 4, 14, 47 |
| Ordinary Article 43 notice | No. Article 9 applies instead | Art. 9, 43 |
On wages, Ministerial Resolution No. 340 of 2026, published by MOHRE, came into force on 1 June 2026 and repealed Resolution No. 598 of 2022. It makes the first day of each Gregorian month the unified due date for the previous month’s wages, and any later payment counts as a delay. Our guides to WPS in the UAE and salary not paid explain what has been published. None of it treats a worker on probation differently.
Sick leave during the probation period: UAE rules
This is the gap that hurts most, because people discover it when they are already ill. Article 31 of the Decree-Law gives paid sick leave only after the probation period. u.ae puts it directly: “Although a worker is not entitled to paid sick leave during the probationary period, the employer may grant unpaid sick leave during this time, based on a medical report issued by a recognised medical authority indicating the necessity of such leave.”
| Stage | Sick leave position |
|---|---|
| During the probation period | No paid sick leave. The employer may grant unpaid sick leave on a medical report from a recognised medical authority |
| After the probation period | Up to 90 days a year, continuous or intermittent: first 15 days on full pay, next 30 days on half pay, the remaining 45 days unpaid (u.ae) |
| At any stage | Tell the employer within three working days and provide the medical report (Art. 31) |
| At any stage | No paid sick leave where the illness results from the worker’s own misconduct, such as alcohol or drug use, or breach of safety instructions (u.ae) |
Ask about the company’s sick leave policy when you join: a policy more generous than the law applies. Report illness within three working days with the medical report, whatever the pay position. And note that an absence without a lawful excuse for more than seven consecutive days can lead to an absence report, and more than 20 intermittent days or seven consecutive days is a ground in Article 44 for dismissal without notice at any stage.
Annual leave and the probation period
Statutory annual leave does not start on day one. Under Article 29, and as u.ae summarises it, a worker is entitled to 2 days of leave for each month of service where service is more than six months but less than one year, and 30 days a year after one year. With a six-month probation period, that means:
- A contract that ends during a six-month probation period carries no statutory annual leave, because service has not passed six months. The contract or company policy may give more, and if it does, that applies.
- A worker who passes the probation period starts accruing statutory leave from month seven at 2 days a month, and the six months of probation count towards the service that triggers it.
- A shorter probation does not change the six-month threshold, which is about length of service, not probation.
Whether a worker may take leave during the probation period is a matter for the employer, who under Article 29 sets leave dates to suit the work. Unpaid leave by agreement is always possible. Our guide to annual leave entitlement in the UAE covers the full rules, including leave pay and carrying leave forward.
Our previous guide said that a worker dismissed in month two should expect payment for accrued annual leave. Under Article 29 and u.ae, statutory annual leave only begins once service is more than six months, so there is no statutory leave to pay at month two. Any leave pay would come from the contract or company policy.
End of service gratuity and the probation period
Article 9(2) says that if the worker passes the probation period and continues, the probation period counts as part of the service period. So a worker who started on 1 January, passed a six-month probation period and left after 14 months has 14 months of service, not eight. Service for gratuity starts on the first working day.
The other side is Article 51: end of service gratuity is due to a worker who has completed at least one year of continuous service. A worker whose contract ends during the probation period has, by definition, less than a year, so no gratuity is due. The detailed calculation is in our end of service gratuity guide, and you can check a figure with the gratuity calculator.
Non-compete clauses when the probation period ends
The probation period is exactly when people find a non-compete clause in a contract they skimmed. The rule is more helpful to workers than most expect. Article 10 of the Decree-Law allows a non-compete only where the job gives access to the employer’s clients or business secrets, limited in time, place and type of work to what is needed, and for no more than two years after the contract ends. Article 12 of the Executive Regulation then lists cases where the worker is released, and one of them is where the contract is ended during the probation period.
| How the contract ends | Does the non-compete apply? | Source |
|---|---|---|
| Ended during the probation period, by either side | No | Executive Regulation Art. 12 |
| Employer ends it in breach of the law | No; the clause is void | Decree-Law Art. 10(2) |
| Employer ends it after the probation period, not in breach | The Executive Regulation says it does not apply where termination is due to the employer’s will; see our contract types guide | Executive Regulation Art. 12 |
| Worker resigns after the probation period | May apply, if it meets Art. 10 and is no wider than necessary; buy-out of up to three months’ wage with the former employer’s written approval | Art. 10; Exec. Reg. Art. 12 |
The National (June 2025) and Gulf News both reported the probation release in the same terms, quoting Article 12: the worker is exempted from the non-compete where “the contract is terminated during the probation period”. So a worker who resigns in month four to join a competitor, with proper one-month notice, is not held back by the non-compete. The recruitment-cost rule in Article 9(3) still applies, because that is a separate provision. The detail of non-compete clauses is in our employment contract types guide.
Probation rules (UAE) in free zones, DIFC, ADGM and other special cases
Most free zones in Dubai and the other emirates (JAFZA, DMCC, DAFZA, Dubai South, SAIF Zone, RAKEZ and others) follow the federal Labour Law for employment, so Article 9 applies in the same way, even though the contract and permit go through the free zone authority rather than directly through MOHRE. Check your own free zone’s employment rules and your contract, because the paperwork route differs. Our free zone vs mainland guide explains the visa side.
| Point | Onshore and most free zones | DIFC | ADGM |
|---|---|---|---|
| Governing law | Decree-Law 33/2021, Art. 9 | DIFC Employment Law, DIFC Law No. 2 of 2019 | ADGM Employment Regulations |
| Probation rules | Six months maximum, one per employer, notice as above | Set by the DIFC law and the contract | Set by the ADGM regulations and the contract |
| Recruitment-cost transfer (Art. 9(3) and (4)) | Yes | Not under the federal rule | Not under the federal rule |
| One-year MOHRE permit ban | Possible, as above | Not a MOHRE matter; the DIFC regime applies | Not a MOHRE matter; the ADGM regime applies |
| Disputes | MOHRE, then the labour court | DIFC Courts | ADGM Courts |
We have not re-read the DIFC and ADGM probation provisions for this update, so we do not quote their notice periods here. If you work in either centre, read the probation clause in your contract alongside the centre’s own employment law.
Other groups with different rules
- Domestic workers are covered by their own law, Federal Decree-Law No. 9 of 2022, not by Decree-Law 33/2021, and MOHRE’s answers for domestic workers deal with probation and recruitment-office guarantees separately. See our maid and domestic worker visa page.
- Federal government employees are covered by the federal human resources law, not by the Labour Law.
- UAE nationals in the private sector are covered by Article 9 for length, notice and the one-probation rule. Clause 9(4) and the one-year permit ban are written for non-citizen workers.
Is there a probationary work permit, and what happens to your visa when probation ends?
A four-month job still needs a properly recorded ending. Short employments produce the messiest files we see, because everyone treats them as unimportant: the permit is left live, the cancellation is never lodged, and months later one side cannot hire and the other is running up an overstay.
There is no separate “probationary work permit”. Article 6 of the Executive Regulation lists twelve types of work permit, including recruitment from abroad, transfer, family-sponsored, temporary, part-time and Golden Visa holder permits, and none of them is a probation permit. A worker on probation holds the ordinary permit for their category from the first day; the probation period is a clause in the MOHRE contract, not a different permit.
Resigning “through MOHRE”. The resignation itself is the written notice you give your employer under Article 9. MOHRE comes in at the end: its work permit cancellation service is submitted by the employer and asks for the worker’s signature agreeing to the cancellation and confirming receipt of all labour dues. Do not sign until your dues are paid; if they are not, a MOHRE complaint is the route.
- Employer ends it, or you leave the UAE: the employer cancels the MOHRE work permit and then the residence with GDRFA Dubai or ICP. Your grace period runs from the recorded cancellation, not from your last working day. Its length depends on your category; see our residence visa grace period guide.
- You move to another UAE employer: the new employer applies for your work permit, and the old permit and residence are dealt with as part of that process. Do not stop work or leave the country until the steps are confirmed.
- Employer will not cancel: MOHRE can cancel a work permit on the worker’s request where the employer cannot be reached (Ministerial Resolution 47/2022, Art. 5). See visa cancellation without the sponsor.
Get the cancellation date in writing from the employer, and check it yourself. Our guide to cancelling an employment visa sets out the normal route.
What employers must document during the probation period
Article 9 is short, so disputes turn on paper. An employer who keeps the six records below will rarely lose a probation argument, and a worker who asks for them is entitled to be clear on where they stand.
| Record | What it should show | Why it matters |
|---|---|---|
| MOHRE contract | Probation length (six months or less), start date, notice terms, basic wage | The contract is the baseline for every later calculation |
| Start-date record | The first working day, confirmed by attendance or WPS | The six months run from here, not from the visa |
| Review notes | A mid-point review and a final review before the notice deadline | Shows the decision was made on time and on performance |
| Written notice | Date given, termination date (at least 14 days later, inside the probation period), acknowledgement | Article 9(1) requires writing; the date proves timing |
| Confirmation letter | That the probation period ended on a stated date | Fixes when Article 43 notice started to apply |
| Recruitment cost file | Receipts for permit, visa, medical, Emirates ID, agency fee and flights | Only actual, evidenced costs are a credible claim under Art. 9(3) and (4) |
For workers, the equivalent is simple: keep the offer letter, the MOHRE contract, your first payslip or WPS credit, every notice with proof of delivery, and any confirmation or extension letter. If the terms in the offer and the MOHRE contract differ, object in writing before you sign.
Illustrative cases: probation rules UAE workers and employers meet
These are illustrative examples, not real client files. Each one is a composite of situations people ask us about, and the rules applied are the published ones.
1. A better offer in month three
A marketing executive who started on 1 February receives an offer from another Dubai company on 20 April. Her current employer says she must repay “visa costs of AED 8,000” before it will release her.
The outcome: she gave one month’s written notice stating she was moving to another UAE employer. Her contract had no clause making her liable for recruitment costs, so under Article 9(3) the claim lay against the new employer. The new employer asked for receipts, agreed the evidenced costs with the old employer, and she started after serving her month. No ban, no deduction from her final pay.
2. Dismissed on the spot in month two
A sales coordinator is told on a Thursday not to come back on Monday. Nothing is put in writing.
The outcome: Article 9(1) requires at least 14 days’ written notice, so under Article 9(5) he was owed 14 days’ wage as compensation, on top of wages to his last day. With under six months’ service there was no statutory annual leave to pay and no gratuity. He asked in writing for the notice pay and the cancellation date; the employer paid both within the 14 days allowed by Article 53.
3. The “three-month extension” letter
An accountant’s six-month probation period ends on 31 July. On 25 July HR sends a letter extending it to 31 October. On 1 October the company gives her 14 days’ notice.
The outcome: the extension had no effect: the probation period ended on 31 July. By October she was a confirmed employee and her contract’s 30-day notice under Article 43 applied, not 14 days. The shortfall of 16 days’ wage was payable. Her copy of the extension letter, with its date, made the point without argument.
4. Going home for good in month five
An engineer’s family situation changes and he decides to return home. He resigns with 14 days’ written notice, saying he is leaving the UAE.
The outcome: Article 9(4) was followed, so no compensation and no ban arose. Six weeks later a Dubai firm offered him a role. Because a new permit within three months of his departure would make the new employer liable for his old employer’s recruitment costs, the two agreed a start date after the three months. He was never banned; the rule simply moved his start date.
5. Ill in month four
A receptionist is signed off for ten days with a medical report. Her employer’s policy gives no paid sick leave during the probation period.
The outcome: she reported the illness within three working days and sent the report. The employer granted unpaid sick leave, as u.ae allows. Because the absence was documented, it could not be treated as absence without excuse. She passed the probation period in month six and from then on had the paid sick leave of Article 31.
6. Joining a competitor, with a non-compete
A software developer with a one-year non-compete resigns in month four, with a month’s notice, to join a direct competitor.
The outcome: because the contract ended during the probation period, the non-compete did not apply under Article 12 of the Executive Regulation. The recruitment-cost question under Article 9(3) was separate, and the new employer settled it.
What circulates online about the probation period (UAE) that is not true
| What you may read or hear | The position |
|---|---|
| “You can leave with no notice during the probation period” | No. 14 days to leave the UAE, one month to move employer, in writing (Art. 9(3) and (4)) |
| “You must repay your visa costs to resign” | By default the new employer compensates the old one; you pay only if you agreed to (Art. 9(3)) |
| “There is a six-month labour ban” | The current restriction is one year, in defined cases (Art. 9(6); MR 47/2022 Art. 8) |
| “The three-month rule is a ban” | It is a cost rule for your next employer, not a bar on returning (Art. 9(4)) |
| “Probation can be extended by agreement” | Never beyond six months in total (Art. 9(1); u.ae) |
| “A new contract means a new probation” | Not with the same employer (Art. 9(2)) |
| “Probation doesn’t count for gratuity” | Once passed, it counts from the first working day (Art. 9(2)) |
| “You get 90 days’ sick leave from day one” | Paid sick leave starts after the probation period (Art. 31; u.ae) |
| “Your non-compete stops you joining a competitor” | Not if the contract ends during the probation period (Exec. Reg. Art. 12) |
| “The employer can keep your passport until you pay” | Confiscating a worker’s documents is prohibited (u.ae) |
How to verify the probation rules (UAE) in this guide
| Point | Where to check |
|---|---|
| Article 9 and Articles 6, 10, 29, 31, 47, 51, 67 | Federal Decree-Law No. 33 of 2021 on uaelegislation.gov.ae, or MOHRE’s PDF of the law with its amendments |
| Non-compete release, ban exemptions and work permit types | Cabinet Resolution No. 1 of 2022 (Executive Regulation), Arts. 12, 11 and 6 |
| One-year ban grounds | Ministerial Resolution No. 47 of 2022, Art. 8 (u.ae copy); u.ae ban page (updated 12 August 2026) |
| Whether a ban is on your file | MOHRE call centre 600590000; labour claims and advisory line 80084 |
| Sick leave, annual leave and other leave | u.ae, “Types of leaves” (updated 12 August 2026) |
| Probation summary and non-compete limits | u.ae, “Employment contracts: duration and models” (updated 12 August 2026) |
| Your own probation length and start date | Your MOHRE contract and first WPS credit |
What we will and will not do
We will tell you which Article 9 route applies and what notice it needs, count your dates, check whether an extension letter has any effect, explain who carries recruitment costs before you agree to pay, draft probation letters and MOHRE contracts for employers, handle the cancellation so the grace period starts, and tell you when a question needs a lawyer.
We will not tell a worker they owe recruitment costs when the law puts them on the new employer, publish a figure for recruitment costs when none is published, call the three-month rule a ban, advise anyone to walk out instead of serving notice, promise how MOHRE will decide a ban, or charge a fee not quoted in writing first.
Related guides
- Notice period under UAE labour law: the rules once probation has ended
- Annual leave entitlement: when leave starts and how it is paid
- End of service gratuity: why your first working day matters
- UAE labour ban explained: checking and contesting the one-year ban
- UAE employment contract types: work models and non-compete clauses
- How to file a MOHRE complaint: when notice pay or wages are not paid
- How to cancel an employment visa: the normal route at the end of a job
- Employee absconding: the employer’s guide: absence reports and what follows
- What MOHRE is and does
Probation period UAE: frequently asked questions
How long is the probation period in the UAE?
No more than six months from your first working day, under Article 9(1) of Federal Decree-Law No. 33 of 2021. Probation is optional, so the contract can set a shorter period or none at all. A contract that states a longer period is capped at six months by the law, and the probation period ends when the six months are up whatever the contract says.
Can my employer extend my probation?
Not beyond six months. u.ae says probation must not exceed six months or be extended for another term, and Article 9(2) bars a second probation with the same employer. If you receive an extension letter after six months, it has no effect: you became a confirmed employee when the six months ended, and the ordinary notice period in your contract applies from then.
How much notice does my employer need to give during the probation period?
At least 14 days, in writing, before the termination date (Article 9(1)). No reason has to be given, but the protections against retaliatory dismissal, discrimination and harassment still apply. If the employer ends the contract without notice, Article 9(5) requires compensation equal to your wage for the notice period, and your wages and dues must be paid within 14 days of the contract ending.
How much notice do I give to resign during the probation period?
It depends on where you are going. To join another employer in the UAE, at least one month’s written notice (Article 9(3)). To leave the UAE, at least 14 days’ written notice (Article 9(4)). State the reason in the letter, keep proof of delivery, and keep working during the notice. The contract can give a longer notice, but not a shorter one.
Do I have to pay my visa costs if I resign during the probation period?
Not by default. When you move to another UAE employer, Article 9(3) makes the new employer compensate the old one for recruitment costs, unless you and your old employer agreed otherwise. Article 6 also bars employers from charging workers recruitment costs. If you are asked to pay, ask which signed agreement says so and for receipts of the actual costs.
Will I get a one-year ban if I resign during the probation period?
Not if you follow Article 9, on the face of the Decree-Law. The one-year work permit ban in Article 9(6) and Ministerial Resolution 47/2022 is aimed at workers who leave in breach of the rules. Resolution 47 is worded more widely, so serve the correct written notice in full, and check with MOHRE on 600590000 if your case is borderline. Some categories are exempt.
Do I get sick leave during the probation period?
Not paid sick leave. Under Article 31 and u.ae, paid sick leave of up to 90 days a year starts after the probation period. During the probation period the employer may grant unpaid sick leave on a medical report from a recognised medical authority. Whatever the pay position, tell your employer within three working days and send the report, so the absence is documented.
Does annual leave build up during the probation period?
Statutory annual leave starts once your service passes six months: 2 days per month until one year, then 30 days a year (Article 29; u.ae). Probation months count towards that service. So a contract that ends inside a six-month probation period carries no statutory leave, though the contract or company policy may give some.
Does probation count for end of service gratuity?
Yes, once you pass it and stay on. Article 9(2) says the probation period is counted as part of the service period, so service runs from your first working day. Gratuity is due after at least one year of continuous service (Article 51), so a contract that ends during the probation period does not produce gratuity.
Can a non-compete clause stop me joining a competitor after the probation period ends?
If the contract ends during the probation period, the non-compete does not apply: Article 12 of the Executive Regulation releases the worker where the contract is terminated during the probation period. Count the dates, because the release depends on the termination date falling inside the probation period. After the probation period, the clause can apply if it meets Article 10’s limits.
How do I calculate when my six-month probation ends?
Count 180 days from your first working day. Article 67 of Federal Decree-Law No. 33 of 2021 counts a month as 30 days, so six months is 180 days rather than six calendar months. Someone who started on 1 March reaches day 180 on 27 August. If the employer wants to end the contract inside probation, its 14 days’ written notice must be given by day 166. A shorter probation in your MOHRE contract applies instead, counted the same way.
Do the same probation rules (UAE federal law) apply in free zones, DIFC and ADGM?
Most free zones follow the federal Labour Law, so Article 9 applies there, though the contract goes through the free zone authority. DIFC and ADGM have their own employment laws with their own probation provisions, and disputes go to their own courts. The Article 9 recruitment-cost transfer and the MOHRE one-year permit ban do not apply there in the same way.
Contracts, work permits, cancellations and the labour paperwork around probation are what our PRO services in Dubai team handles every day.
We re-checked every rule this guide states against MOHRE’s published texts of Federal Decree-Law No. 33 of 2021 (Articles 6, 9, 31 and 67) and Cabinet Resolution No. 1 of 2022 (Articles 6, 11 and 12), Ministerial Resolution No. 340 of 2026 and the current u.ae pages. Corrections: the earlier text said the law does not say how the six months are counted, but Article 67 counts a month as 30 days, so we now give 180 days and a worked date; the one-year ban exemptions are now taken from Article 11 of the Executive Regulation (family-sponsored residents, not only those sponsored by parents, and Golden Visa holders, who are listed in the regulation itself); the u.ae ban page (updated 12 August 2026) now lists three ban cases, including a cancelled permit with a fictitious establishment; Resolution 340 of 2026 is now described from its official text; two moved u.ae links and a dead MOHRE link were replaced. The six-month cap, the 14-day employer notice, the one-month notice and recruitment-cost rule for a move to another UAE employer and the 14-day notice to leave the UAE were confirmed unchanged. The cases are now labelled illustrative.
This guide was rewritten and re-checked against the legislation and u.ae. Corrections to the previous version: it now explains the one-year work permit ban tied to probation (Decree-Law 33/2021 Art. 9(6) and Ministerial Resolution 47/2022 Art. 8), which the earlier text described as a separate mechanism; it adds Article 9(2) (no second probation with the same employer) and Article 9(5) (compensation for notice not given); it corrects the statement that a worker dismissed in month two should receive accrued annual leave, since statutory leave starts after six months’ service; it states that sick leave during the probation period is unpaid but may be granted on a medical report, as u.ae words it; and it adds the Executive Regulation Art. 12 release of non-compete clauses when the contract ends during the probation period. Sections on fixed-term contracts and the national student contract were moved to our contract types guide.
- Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (Articles 1, 4, 6, 9, 10, 13, 14, 28 to 32, 43, 44, 47, 51, 53, 65, 67)
- MOHRE: Federal Decree-Law No. 33 of 2021 and its amendments (PDF; Article 9 text and Article 67 on counting periods)
- Cabinet Resolution No. 1 of 2022, Executive Regulation of the Labour Law (Articles 6, 10, 11 and 12)
- MOHRE: Executive Regulation, Cabinet Resolution No. 1 of 2022 (PDF; Article 11 ban exemptions, Article 12 non-compete)
- Ministerial Resolution No. 47 of 2022 on labour disputes and complaints (u.ae copy; Articles 5, 6 and 8)
- MOHRE: Ministerial Resolution No. 340 of 2026 on the Wage Protection System (in force 1 June 2026)
- u.ae: Employment contracts, duration and models in the private sector (probation and non-compete)
- u.ae: Banning the issuance of a new work permit for one year
- u.ae: Types of leaves in the private sector
- MOHRE: Cancellation of work permits and employment contracts (worker’s signature and dues)
- MOHRE: Register labour complaints (private sector employees)
- The National (secondary): non-compete clause when quitting during the probation period, 2 June 2025
Please note. This guide sets out the probation period rules in Federal Decree-Law No. 33 of 2021 and its amendments, its Executive Regulation (Cabinet Resolution No. 1 of 2022), Ministerial Resolution No. 47 of 2022, MOHRE’s published answers and the u.ae portal, verified on 23 September 2026 and re-checked on 10 and 11 October 2026 (Articles 9 and 67, Executive Regulation Articles 6, 11 and 12, Ministerial Resolution No. 340 of 2026 and the u.ae probation, ban and leave pages). The English texts are translations and the Arabic text prevails. Laws and official guidance change, and MOHRE or the court decides each case on its facts. No itemised definition or ceiling for recruitment costs is published. Contracts more favourable to the worker than the law apply. DIFC, ADGM, domestic workers and the federal government sector have their own rules. The cases are illustrative composites, not real client files. This is general information, not legal advice; where a material sum, a ban or a non-compete is in dispute, take advice on your own contract.
