You have accepted a new job offer and want to leave during probation. Someone told you the UAE abolished the labour ban in 2022, so you are planning to resign without serving notice. That information is wrong. The ban still exists for probation resignations. This guide explains the notice rules, when the ban applies, and what your leave and gratuity rights actually look like during probation.
The Six-Month Cap: What Article 9 Actually Allows
Article 9 of Federal Decree-Law No. 33 of 2021 sets the maximum probation period at six months from the date employment commences. This is a hard ceiling. An employer cannot extend probation beyond six months by contract, agreement, or any other mechanism.
An employer cannot impose a second probation on an existing employee who changes roles within the same company. Probation applies once, at the start of an employment relationship with a new employer. Internal transfers and promotions do not reset the probation clock.
Probation periods shorter than six months are permitted and common. The law sets a maximum, not a minimum. Once probation ends, the service period counts in full for all calculations, including annual leave accrual and end-of-service gratuity.
Termination During Probation: Notice Periods That Apply
The notice requirements during probation differ from those that apply after probation ends.
If the employer terminates during probation, the employer must give at least 14 days written notice. No reason is legally required, though the termination must not be discriminatory. The employee is entitled to full salary and benefits for the notice period.
If the employee resigns during probation intending to take up employment with another UAE employer, the employee must give 30 days notice to the current employer. This is set under Ministerial Resolution No. 47 of 2022 and is not negotiable. Failure to serve the full 30 days is the trigger for the labour ban.
If the employee resigns during probation intending to leave the UAE entirely, 14 days notice is required. Leaving the UAE under this provision and then returning to work for a different UAE employer within a defined period can still result in a ban, as it is treated as circumventing the 30-day obligation.
The Labour Ban: What Remained After 2022
The 2022 labour law reform removed the general employment ban for standard resignation or termination after probation. An employee who resigns, gives contractual notice, and completes their end-of-service procedures faces no ban, regardless of the reason for leaving.
The area where the ban still exists is probation. An employee who resigns during probation and fails to serve the 30-day notice period before starting a new UAE role risks a one-year ban from working in the UAE under Ministerial Resolution No. 47 of 2022. The ban is not automatic in every case, but it remains a live risk.
The most common sequence that triggers this: a new employer wants someone to start in two weeks, the current employer is owed 30 days notice, and the employee leaves early to meet the new start date. Serve the full 30 days before day one at the new company. Do not accept a start date you cannot meet without breaking the notice period.
Sick Leave During Probation: Limited But Not Zero
The standard sick leave entitlement under Article 29 of Federal Decree-Law No. 33 of 2021, comprising 15 days at full pay, 30 days at half pay, and 45 days without pay, does not apply during probation.
An employer may grant unpaid sick leave during probation based on a medical report from a recognised medical authority. This is a discretion, not an obligation. The employer can refuse.
What the employer cannot do is dismiss an employee for being unwell without giving the 14-day notice. Falling ill during probation does not remove the right to notice. What it may mean is that time taken for illness during probation is unpaid and does not automatically extend the probation period.
Annual Leave During Probation: Accrued but Often Blocked
Annual leave accrues from the first day of employment under Federal Decree-Law No. 33 of 2021. For employees in their first year, this accrues at two and a half days per month.
During probation, the employer has the right to refuse leave requests. Most employers do not approve annual leave in the first three to six months. They are within their rights. If leave is approved and taken during probation, the contract terms and employer policy determine whether it counts as part of the probation period.
Any leave accrued but not taken during probation carries forward. It does not lapse when probation ends.
Does Probation Count Towards End-of-Service Gratuity?
Yes. Probation counts towards the total service period used in the gratuity calculation under Federal Decree-Law No. 33 of 2021.
Gratuity only becomes payable once at least one full year of continuous service is completed. An employee terminated during probation before completing one year receives no gratuity. An employee who completes probation and stays long enough to reach one year in total gets gratuity calculated from day one, including the probation months.
If probation is three months and you then work nine more months before leaving, gratuity is calculated on 12 months of service in full. The probation months are included from the start.
Use our UAE End of Service Gratuity Calculator 2026 to estimate your entitlement based on salary and total service.
Take action today: Open your employment contract and find your probation end date and the stated notice period. If you are considering resigning during probation to take another UAE role, calculate the exact date your 30-day notice period ends under Ministerial Resolution No. 47 of 2022, and do not agree a start date with any new employer before that date.
Frequently Asked Questions
Q: How long can a UAE employer put me on probation?
The maximum is six months from the date you start work, under Article 9 of Federal Decree-Law No. 33 of 2021. This cap cannot be extended by contract or agreement. Probation periods shorter than six months are permitted. An employer cannot impose a second probation on the same employee for an internal role change.
Q: Will I get a labour ban if I resign during probation?
You may, if you do not serve the required notice. Under Ministerial Resolution No. 47 of 2022, an employee resigning during probation to take another UAE role must give 30 days notice. Failure to serve the full 30 days risks a one-year ban. Serving notice correctly avoids it. The general employment ban was removed by the 2022 law, but the probation-specific rule remains.
Q: Am I entitled to sick leave during my probation period?
Not to paid sick leave. The standard sick leave entitlement under Article 29 of Federal Decree-Law No. 33 of 2021 does not apply during probation. The employer may grant unpaid sick leave based on a medical report, but this is discretionary. The employer cannot terminate without giving 14 days notice even if you are unwell during probation.
Q: Does my probation period count towards end-of-service gratuity?
Yes, provided you complete a total of at least one full year of continuous service. Gratuity is not payable if employment ends before one year. If you pass the one-year mark, the probation months are included in the gratuity calculation from day one of employment.
Q: Can my employer extend my probation period?
Only within the six-month cap. If a contract sets three months probation, the employer can extend to a maximum of six months total with written agreement. No probation period can exceed six months from the commencement date, regardless of what the contract states.
If your probation period is ending and you are considering your next move, use our free Dubai CV builder to build an ATS-ready CV tailored for UAE employers.
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