Starting a new job should feel like a fresh opportunity, not a legal headache. But when an employer suddenly ends your employment during probation, or you are asked to leave without warning, it’s natural to wonder whether it was actually legal.
Quick Answer:
Yes, but the employer must follow the law. Article 9 of Federal Decree-Law No. 33 of 2021 allows an employer to terminate an employee during probation without stating a reason, but at least 14 days’ written notice is required. If the legal process is not followed, the termination can be challenged, and compensation may be payable.
In this guide, you’ll learn “Can Employer Terminate Employee During Probation in UAE?” and the notice rules both employers and employees must follow, what compensation may apply if the law is breached, and how to protect your rights if a dispute arises. If your case involves unpaid dues, an unfair dismissal, or a MOHRE complaint, seeking advice from the best advocates in Dubai can help you understand your legal options before taking action.
Can an Employer Terminate an Employee During Probation?
Yes.
Article 9(1) of the UAE Labor Law gives the employer the right to terminate a worker’s service during the probation period by giving 14 days’ written notice before the termination date. The law does not require the employer to state a specific reason.
That flexibility is the whole point of probation. It is a trial period, capped at six months, during which both sides can walk away far more easily than after confirmation.
The flexibility has limits, though. The notice must be in writing, the termination must be communicated, and dismissing someone as punishment for filing a serious complaint with MOHRE remains unlawful under Article 47, probation or not.
Not Sure If Your Probation Termination Was Legal?
A missing notice, unpaid salary, or incorrect final settlement could give you legal rights. Our employment lawyers can review your situation and explain your options before you take the next step.
The Legal Rules: Article 9 of the UAE Labor Law
Everything about probation sits in one article of Federal Decree-Law No. 33 of 2021. Here is what each clause does.
This is where many businesses make a mistake. An employer who lets probation lapse quietly, then tries to dismiss in month seven “on probation terms,” is actually carrying out a normal termination with all its obligations.
What the Employee Is Still Owed
Probation termination is cheaper than regular termination, not free. The employee remains entitled to several items.
- Wages for all days worked, up to and including the last day of the notice period.
- Overtime and any earned allowances accrued during the employment.
- Compensation in lieu of notice, if the employer ends the contract immediately instead of serving the 14 days.
- Repatriation ticket to the home country for a foreign worker, unless the worker joins another employer in the UAE.
What generally does not apply is end-of-service gratuity, since the law requires one year of continuous service, and statutory annual leave pay, which accrues on a monthly basis only after six months of service.
What If the Employer Skips the Notice?
Article 9(5) answers this directly. The party that terminates without observing the notice rules compensates the other with an amount equal to the worker’s wage for the notice period, or for whatever part of it was not served.
For an employer, that means an immediate dismissal costs 14 days of wages on top of the final settlement. For an employee who walks out mid-probation without notice, the same logic applies in reverse, and a foreign worker who leaves the country this way also faces a one-year work permit ban.
The rule is symmetrical on purpose. Notice is the price of exit for both sides.
Dismissed Without 14 Days’ Notice?
The UAE Labour Law may entitle you to compensation if your employer failed to follow the probation notice rules. Speak with our lawyers before accepting any settlement.
UAE Court Judgment
A recent ruling by the Abu Dhabi Court of Cassation, reported in July 2026, shows exactly how badly an undocumented “probation termination” can go for an employer.
The company stopped paying a senior employee’s monthly salary of about AED 97,800 and later argued, among other things, that her employment had ended during probation. The employee said she was never formally terminated. She kept trying to reach the company by phone, email, and even a newspaper notice.
A court-appointed expert searched the file and found no document, letter, or email showing that the company had ever told her that her services were terminated. The court therefore treated the employment as continuing until she filed her lawsuit.
The result was severe. The company was ordered to pay a total of AED 875,761, covering unpaid wages through the date of filing, the end-of-service gratuity, and payment for unused annual leave, plus a return air ticket.
The lesson for employers is blunt. If the termination is not documented in writing, the law may treat the employee as never having been terminated at all, and the salary meter keeps running.
What If the Employee Resigns During Probation?
The employee’s exit rules depend on where they are heading next.
Resigning during probation is a legal act with paperwork attached, not an informal walk-away. The notice requirement is not waived just because the employee is still on trial.
Can Probation Be Extended Beyond Six Months?
No.
Six months is a statutory ceiling, and a worker cannot be placed on probation twice by the same employer. A contract clause promising a “renewable” or twelve-month probation is unenforceable for the excess period.
Once the employee works past the six-month mark, or past the shorter period written in the contract, they are confirmed automatically. From that moment, any dismissal follows the normal termination rules, with full notice and, after a year of service, gratuity.
Dismissed during probation, or planning a probation termination? The difference between a clean exit and a six-figure judgment usually comes down to paperwork and timing. A UAE employment lawyer from our team can review the contract, the notice, and the dates before anyone signs or sends anything.
Common Mistakes to Avoid
On the employer side, the recurring problems are procedural.
- Terminating verbally, with nothing in writing to prove the date.
- Stopping salary and assuming that ends the employment. It does not.
- Trying to terminate “on probation terms” after the six months have already passed.
- Relying on a contract clause that extends probation beyond the legal cap.
Employees make a different set of mistakes.
- Walking out without written notice, then discovering the compensation claim and the one-year permit ban.
- Giving 14 days’ notice when moving to another UAE employer, where the law requires a full month.
- Signing a final settlement without checking that all worked days and the notice period were paid.
- Missing the two-year window to file a claim after the relationship ends.
Before You Sign Anything…
Whether you’re an employer issuing a probation termination or an employee receiving one, a quick legal review can prevent costly mistakes later.
Frequently Asked Questions
So, can an employer terminate an employee during probation in the UAE? Yes, more easily and more cheaply than at any other point in the employment relationship. But the ease is conditional on doing three things properly: serving 14 days’ notice, putting it in writing, and acting before probation expires.
Get any of those wrong and the “cheap” termination can turn into a claim for unpaid wages, compensation, and more, as the Abu Dhabi case shows.
Whether you are an employer preparing a probation termination or an employee who was just handed one, employment lawyers in Dubai can check the notice, the dates, and the final settlement before the situation hardens into a dispute
Need Help With a Probation Termination?
Our employment lawyers advise both employers and employees on probation dismissals, notice requirements, unpaid salary claims, MOHRE complaints, and employment disputes across the UAE.
