emirates7 - -An employer may lawfully terminate an employee during the probation period by providing 14 days’ prior written notice and settling all dues
Question: What are the latest rules when it comes to terminating an employee during the probation period? I am asking for a company based in the mainland.
Answer: In the UAE, an employer may terminate an employee during the probation period by providing prior written notice of 14 days in accordance with Article 9(1) of the Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relationships, which states:
“The employer may appoint the worker under a probationary period not exceeding six months from the date of commencement of work. The employer may terminate the service of the worker during this period after notifying the latter of the same in writing 14 days at least before the date specified for the termination of service.”
Furthermore, the employer remains obligated to pay all dues earned up to the last working day, including unpaid salary, any accrued days of leave (if applicable), and the notice period salary for probation termination in accordance with Article 29 (3) of the UAE Employment Law.
“The employer may agree to grant the employee a leave from the balance of his annual leave during the probation period, and the employee shall retain the right to be compensated for the remainder of his annual leave balance, if he has not passed the probation period.”
The employer must provide an experience certificate to its employee as per his request, once the employment contract ends. The certificate should state when the employee started and ended work, the total period of service, their job title or role, last salary, and the reason the contract ended. Importantly, it must not include anything that could damage the employee’s reputation or adversely affect their prospect of getting a new job. This obligation arises under Article 13(11) of the UAE Employment Law, which states:
“Giving the employee, as per his request and upon expiry of the employment contract, a certificate of experience, without fees, indicating the date of his commencement of work, the date of its expiry, his entire service term, job title or type of work he was performing, the last wage he was receiving and the reason for the termination of the employment contract, provided that the certificate does not include anything that may harm the worker’s reputation or limit his chances of finding new job opportunities.”
In accordance with the aforementioned provisions of the law, an employer may lawfully terminate an employee during the probation period by providing 14 days’ prior written notice and settling all dues in compliance with the UAE Employment Law.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Question: What are the latest rules when it comes to terminating an employee during the probation period? I am asking for a company based in the mainland.
Answer: In the UAE, an employer may terminate an employee during the probation period by providing prior written notice of 14 days in accordance with Article 9(1) of the Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relationships, which states:
“The employer may appoint the worker under a probationary period not exceeding six months from the date of commencement of work. The employer may terminate the service of the worker during this period after notifying the latter of the same in writing 14 days at least before the date specified for the termination of service.”
Furthermore, the employer remains obligated to pay all dues earned up to the last working day, including unpaid salary, any accrued days of leave (if applicable), and the notice period salary for probation termination in accordance with Article 29 (3) of the UAE Employment Law.
“The employer may agree to grant the employee a leave from the balance of his annual leave during the probation period, and the employee shall retain the right to be compensated for the remainder of his annual leave balance, if he has not passed the probation period.”
The employer must provide an experience certificate to its employee as per his request, once the employment contract ends. The certificate should state when the employee started and ended work, the total period of service, their job title or role, last salary, and the reason the contract ended. Importantly, it must not include anything that could damage the employee’s reputation or adversely affect their prospect of getting a new job. This obligation arises under Article 13(11) of the UAE Employment Law, which states:
“Giving the employee, as per his request and upon expiry of the employment contract, a certificate of experience, without fees, indicating the date of his commencement of work, the date of its expiry, his entire service term, job title or type of work he was performing, the last wage he was receiving and the reason for the termination of the employment contract, provided that the certificate does not include anything that may harm the worker’s reputation or limit his chances of finding new job opportunities.”
In accordance with the aforementioned provisions of the law, an employer may lawfully terminate an employee during the probation period by providing 14 days’ prior written notice and settling all dues in compliance with the UAE Employment Law.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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