Yes, they can. Termination during probation is a sensitive legal matter in the UAE, and many employees—especially expatriates—find themselves dismissed during this period without fully understanding their rights. While probationary periods allow employers to evaluate a new hire, they are not exempt from following legal procedures. Terminations must be conducted in line with the UAE Labour Law, and employees wrongly terminated during probation may have grounds to take legal action.
In this comprehensive guide, we’ll explore what the UAE Labour Law says about probationary termination, how labour lawyers in Dubai help both employees and employers navigate these cases, and what recourse is available if a dismissal is unlawful. Professional Dubai lawyers ensure that both sides follow legal procedures, protect their rights, and avoid long-term complications.
1. What Is the Probation Period According to UAE Labour Law?
Under Federal Decree-Law No. 33 of 2021, the probation period in the UAE:
- Cannot exceed six (6) months from the employee’s start date.
- Must be clearly mentioned in the employment contract.
- Is a one-time period; it cannot be extended or repeated.
During probation, either party (employee or employer) can terminate the contract, but they must give notice:
- Employers: Must provide 14 days’ written notice.
- Employees: Must give 14 days’ notice if they intend to resign and 30 days if joining another UAE employer.
Labour lawyers in Dubai ensure these rules are followed and assess whether the termination was carried out lawfully.
2. Can Employers Terminate Employees During Probation?
Yes, but the termination must follow the proper procedure:
- The employer must give a 14-day written notice.
- The reason must not be discriminatory, retaliatory, or abusive.
- The employee must receive all dues for the period worked (salary, commissions, bonuses, etc.).
Employers are not allowed to simply send a WhatsApp message or verbal notice—written documentation is essential. Dubai lawyers advise employers to issue formal termination letters to avoid future legal claims.
3. Can Termination During Probation Be Challenged?
Yes. Even though the law allows termination during probation, the reason behind the termination matters. If the dismissal is:
- Discriminatory (based on race, gender, religion, nationality, etc.)
- Retaliation for reporting a violation or misconduct
- Based on a fabricated or untrue accusation
- Conducted without the required notice
—then it may be challenged as wrongful or arbitrary termination.
Labour lawyers in Dubai evaluate whether the dismissal was legitimate or merely a disguised attempt to avoid paying dues or fulfilling obligations. If wrongdoing is identified, they help file a claim for compensation.
4. What Are Common Signs of Wrongful Termination During Probation?
Some red flags that suggest the termination might be unlawful include:
- Sudden dismissal without prior complaints or feedback
- Dismissal after the employee requests unpaid salary or raises concerns
- Employer refusing to provide a written reason for dismissal
- Retaliation after medical leave or filing an internal complaint
- Denial of earned compensation, bonuses, or commissions
If any of the above applies, labour lawyers in Dubai can initiate legal proceedings to protect the employee’s rights.
5. What Are an Employee’s Rights if Terminated During Probation?
Even if terminated during probation, employees are entitled to:
- Payment for all days worked, calculated accurately.
- Any commissions or incentives due based on completed work.
- Reimbursement of agreed costs (e.g., travel, visa fees) if mentioned in the contract.
- Certificate of employment or experience letter (if requested).
- Respectful visa cancellation and repatriation procedures.
If the employer fails to meet these obligations, Dubai lawyers can file complaints with MOHRE or Labour Court to secure the employee’s rights.
6. Can Employees Resign During Probation?
Yes. Employees can resign during probation, but they must follow specific notice periods depending on their situation:
- 14 days’ notice: If the employee is resigning and planning to leave the UAE.
- 30 days’ notice: If the employee is switching jobs within the UAE.
Failing to comply may result in labour bans or penalties. Labour lawyers in Dubai assist employees in drafting resignation letters, understanding consequences, and avoiding legal trouble.
7. Do Employees Get End-of-Service Benefits If Terminated During Probation?
No. End-of-service gratuity is only payable after completing one full year of continuous service with an employer. If an employee is terminated during probation, they are not entitled to gratuity.
However, Dubai lawyers often recover other pending dues for clients, such as:
- Outstanding salary
- Commissions or overtime
- Leave encashment (if applicable)
- Unpaid medical reimbursements or expenses
8. Can a Labour Complaint Be Filed for Probation Dismissal?
Yes. If you believe the termination was unlawful, you can file a complaint through:
- The MOHRE smart app or hotline (for mainland companies)
- The relevant free zone authority (for free zone employers)
- Filing a Labour Court case if no resolution is reached
Labour lawyers in Dubai help employees gather evidence, draft the complaint, attend mediation sessions, and represent them in court if necessary.
9. What If the Employer Refuses to Cancel My Visa?
If an employer terminates your contract during probation, they are required to:
- Cancel your work visa
- Return your passport and personal documents
- Issue a cancellation paper
- Provide a return ticket if contractually obligated
If they refuse, labour lawyers in Dubai intervene immediately by filing a complaint with MOHRE or Immigration. Unlawful visa retention is a serious offense and can lead to penalties for the employer.
10. Can Employers Impose a Ban If I Resign During Probation?
Yes, in some cases. Labour bans may be imposed if an employee:
- Resigns without notice during probation
- Violates the contract terms
- Fails to justify early termination
- Has a limited contract and quits prematurely
However, bans can often be lifted or challenged. Dubai lawyers evaluate the situation and help apply for ban removal if:
- You’ve secured a new employer with a higher job category
- Your contract allows early exit
- The ban was issued unfairly
11. What Is the Role of labour lawyers in Dubai in These Cases?
a. For Employees:
- Legal consultation and case evaluation
- Drafting resignation letters or legal notices
- Filing complaints or lawsuits
- Representing the employee in MOHRE or Labour Court
- Ensuring payment of dues and benefits
- Advising on immigration and visa-related implications
b. For Employers:
- Ensuring lawful termination procedures
- Drafting termination notices
- Avoiding claims of discrimination or retaliation
- Defending against wrongful termination claims
- Settling dues legally and avoiding litigation
Dubai lawyers act as legal safeguards, ensuring the probationary period doesn’t become a legal trap for either party.
12. How Long Does a Wrongful Termination Case Take?
If resolved at the MOHRE level, a dispute may be settled within:
- 1–2 weeks if both parties cooperate.
If escalated to court, the case may take:
- 2–5 months, depending on complexity, documentation, and hearings required.
Labour lawyers in Dubai streamline the process by preparing complete legal files, presenting arguments clearly, and managing deadlines professionally.
Final Thoughts
The probationary period is not a legal loophole to mistreat employees or exit obligations. While it gives employers the flexibility to evaluate a new hire, it also imposes responsibilities and consequences for unfair dismissal.
For employees, being terminated during probation does not mean you’re without protection. UAE Labour Law offers remedies, and with the help of expert labour lawyers in Dubai, you can assert your rights, recover unpaid dues, and protect your legal standing.
For employers, proper documentation, respectful communication, and adherence to procedure will help avoid legal risks.
In either case, experienced Dubai lawyers serve as the essential bridge between conflict and resolution—ensuring that every action taken is lawful, fair, and enforceable.
