THEOPTIMISTICJOURNALIST

Every person dreams of a prosperous life and walks the path of duty until he/she prosper. 

A person’s first job either lays the foundation for prosperity or scars them by delaying, and sometimes derailing, them from the path to prosperity.

Your first job tests whether you fit the job role or not, and that test is something called “the probation period”

But most employees during their probation period, at the beginning of their career often remain oblivious of most, if not all the rights.

If you are beginning your career in The UAE, you are protected by certain rights, even during your probation period. Whether it is about your appointment during your probation period, or it is about your sick leave, or about termination from services or even, your continuation of the job after the conclusion of probation period, the UAE’s Labor Laws provide you certain rights that you need to be aware of.

BASIC LAWS THE DEFINE PROBATION PERIOD IN THE UAE

1. The employer can hire employees under a probation period which cannot be longer than six months of duration and there can be only one probation period for the employee.

2. In case the employer terminates the employee during probation period, the employee must be provided with a written notification 14 days before the employee’s termination.

3. If the worker completes the probation period successfully and continues to work, it would be counted as his/her period of service and the Employment Contract would become valid.
4. In case the employee plans to change his employer within the UAE, the former has to provide with a written notification to the employer at least 1 month before changing the employer. The original employer will have to be compensated by the new employer, unless agreed otherwise. 

5. If either of the employer or the worker terminates the Employment contract without observing the provisions of the Probation Period Laws, (Article 9, Federal Decree by Law No. (33) of 2021 Regulating Labor Relations), they shall pay the second party a compensation for the worker’s wage for the notice period or the remaining period of the notice period.
6. The probation employee must be careful that in case a foreign worker in The UAE wants to terminate his employment contract during the probation period and leave the UAE, he/she would be required to provide a written notification to the employer at least 14 days prior to the date specified for the termination of the contract. 

7. If the foreign worker later changes his mind and if he wants to return to the UAE and obtain a new work permit within (3) three months as of the date of leaving, the new employer will be required to compensate the original employer. 

Unless the original employer and the foreign worker have agreed otherwise, the provision will have to be implemented. .

ARTICLE (10)  THE COMPETITION CLAUSE IN YOUR EMPLOYMENT CONTRACT

But the Employee, even when under probation, must be careful of the fact that

Most of the times the Employer adds to the contract a clause that prohibits the employee to compete with the Employer or to participate in any competing project in the same Industry.

Usually the period of non-competition does not exceed 2 years.

ARTICLE (13) THE OBLIGATIONS TO BE FOLLOWED BY THE EMPLOYER

In the UAE, not just the employee, but the Employer also has to abide by certain obligations necessitated by the Labor Laws. 

An employee under the probation has the right that he/she has to be made aware of the work organization regulations, such as the regulation of work instructions, sanctions, promotions, bonuses, and other regulations and systems according to the controls specified by the Executive Regulation of this Decree by law. 

Probation Employees have to be made acquainted with their rights and obligations towards the employer and the Labor Laws surrounding them.

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Here are few of the obligations that the Employer has to comply with:-

(i) ACCOMODATION

The employee has the right to be provided with adequate accommodation licensed by the Competent Authorities. Otherwise the employer is liable to pay the employee with housing allowances or they may be included in the daily wages. 

(ii) UPSKILLING AND EMPOWERMENT OF EMPLOYEES

The employees under probation will be provided training, skill development and empowerment tools and programmes.

(iii) HAZARD-FREE WORK ENVIRONMENTS

The employer makes sure that the workers do not have to face the dangers of occupational injuries or diseases. The employees have the right to be provided with training to avoid such risks.

The expenses of insurances, subscriptions and guarantees for employees are required to be taken care by the Employer.

(iv) EXPERIENCE CERTIFICATE

Upon the expiry of the employment contract, the employee can request for an experience certificate which would be free of charge. 

The Experience Certificate must indicate the date of joining the work, the date of last working day, the total period served, the job title or the kind of work he was performing and the last wage received by the Employee.

The Certificate must also mention the reason for the end of the employment contract 

and it shall not include anything that might harm the Worker’s reputation or reduce his employment opportunities. 

(v) PROTECTION FROM HARASSMENT

The UAE Labour laws, including the laws on Probation Period in the UAE, prohibit Sexual harassment, bullying, or any verbal, physical or psychological violence against the Employee the Employer, the employee’s superiors, colleagues.

ARTICLE 17  FIXED WORKING HOURS

The UAE Labor Laws have mandated an upper ceiling for the number of hours that an Employee can work 

The maximum normal working hours for Workers shall be eight (8) hours per day or fortyeight (48) hours per week wherein the worker may not work for more than five (5) consecutive hours without a rest period or periods amounting in aggregate to not less than one hour. 

There can be times when The Cabinet may, upon the proposal of the Minister and in coordination with the Concerned Authorities, increase or decrease the daily working hours for some economic sectors or some categories of labor, in addition to the working hours, rest hours, and hours during which it is prohibited to work for certain categories of labor, according to the classification of labor specified in the Executive Regulation of this Decree by law. 

The Executive Regulation of this Decree by law shall determine the working hours in the month of Ramadan. 

In case the employee wants to perform his work remotely, whether from inside or outside of The UAE, and with the approval of the Employer, the Employer may stipulate specific working hours. 

ARTICLE (18) CONSECUTIVE WORKING HOURS 

The Labor Laws in The UAE also clearly mention how many hours an employee can work consecutively, thus ensuring that employees are not exploited by the Employer

The worker may not work for more than five (5) consecutive hours without a rest period or periods amounting in aggregate to not less than one hour. 

ARTICLE (19) OVERTIME

The Labor Laws in the UAE clearly state the laws concerning the number of hours in excess of the fixed working hours that an employee can be allowed to work for. 

1. In case the employer requires the employee to work for additional working hours, they cannot be expected to exceed two hours per day.  

In all cases, the total working hours are expected to equal one hundred and forty-four (144) hours every (3) three weeks. 

In cases where the Employer makes the Worker work for more than the normal working hours, the extra time shall be considered overtime, for which the Worker shall receive a wage equal to that corresponding to his normal working hours. 

3. In case as an employee, you work overtime between 10 pm and 4 am, you would be entitled to the wage determined for normal working hours – calculated according to the basic wage – plus an increase equal to at least fifty percent (50%) of such wage. Shift Workers shall be excluded from the above. 

4. In case as an employee you are made to work on the rest days specified in the employment contract or the work organizational regulation, you can expect to be compensated with another rest day, or with payment of the wage for that day according to the wage established for normal business days, plus an increase not less than fifty percent (50%) of the basic wage for that day. 

The employee can expect that he/she may not have to work for more than two consecutive rest days, excluding day laborers. 

The worker can expect that they can get a paid weekly rest not less than one day, according to what is specified in the employment contract or the work organizational regulation. 

It is permissible by a Cabinet resolution to increase the weekly rest day stipulated in this Article.

This way, the Labor Laws in The UAE ensure the protection of Employees, including foreign workers are protected from exploitation from the employer’s end.

ARTICLE 27  MINIMUM WAGES

Not just the working hours, but the Labor Laws in The UAE also take care of  the minimum wages for an employee thus protecting the employees from under-payment or non-payment for their services.

The Cabinet may, upon the proposal of the Minister and in coordination with the Concerned Authorities, issue a resolution setting the minimum wage for Workers, or any category of them. 

ARTICLE 28  OFFICIAL HOLIDAYS

As an employee, if you work in any of the official holidays, the Employer shall compensate the employee with another rest day for each day in which he works during the holiday, or with payment of the wage for that day according to the wage established for normal business days, plus an increase of at least fifty percent (50%) of the basic wage for that day. 

Article (28) Official Holidays and Requiring Worker to Work Therein 

The Worker is entitled to an official leave with full pay on the official holidays to be determined by a Cabinet resolution. 

2. If circumstances of work necessitate that the Worker works in any of the official holidays, the worker has the right to be compensated with another rest day for each day in which he works during the holiday, or with payment of the wage for that day according to the wage established for normal business days, plus an increase not less than fifty percent (50%) of the basic wage for that day.

ARTICLE 29 ANNUAL LEAVE

The Labor Laws in The UAE also entitle the Employees, including foreign workers to Annual Leaves, thus safe-guarding the employees from a potential burnout.

The Worker shall be entitled to an annual leave with full pay of not less than: a. Thirty days for each year of his extended service. 

Two days for each month if his service period is more than six months and less than one year. c. A leave for parts of the last year he spent at work, in the event that his service ends before using his annual leave balance. 

3. The Employer may agree to grant the Worker a leave from the balance of his annual leave during the Probation Period, and the Worker shall retain the right to be compensated for the remainder of his annual leave balance, if he has not passed the Probation Period. 

4. The Worker must enjoy his leave in the year of its entitlement, and the Employer may determine the dates of these leaves or grant them in rotation among the Establishment’s Workers in order to ensure the progress of work, and the employer must notify the Worker of the specified date for enjoying his leave at least one month in advance. 

1. The Worker may, upon the approval of the Employer and in accordance with the applicable organizational regulations in the Establishment, carry forward the balance of his annual leave, or days thereof, to the following year. 

6. The Worker is entitled to the wage for the period of his annual leave. 

7. Rest days established by law or by agreement shall be included in the annual leave period if the annual leave enjoyed by the Worker is interrupted by, and is considered, part of it, unless the employment contract or the organizational regulations in force in the Establishment stipulate what is more beneficial to the Worker.

ARTICLE 30: MATERNITY LEAVES 

If you are a female employee working in the UAE, The Labor Laws necessitate that you should be entitled to maternity leave of (60) sixty days, according to the following: 

a. The first forty-five (45) days with full pay. 

b. The following fifteen (15) days with half pay. 

2. The female Worker may, after using her maternity leave, be absent work without pay for a period not exceeding forty-five (45) consecutive or intermittent days, if such absence is due to an illness suffered by her or her child as a result of pregnancy or childbirth and that does not enable her to return to her work.

Said illness would be needed to be proven by a medical certificate issued by the Medical Authority.

The female employees need to be careful about the fact that this period shall not be included in their period of service. As a result, the female employee may not be able to avail the end of service gratuity for this period or the period of contribution to the retirement system. 

3. The female worker can avail the maternity leave stated in Clause (1) of the Article 30, in case she gives birth after six (6) months or more of pregnancy, whether the foetus is born dead or born alive then died. 

4. The female Worker, can also avail a leave of thirty (30) days accompanied with full salary in case she gives birth to a sick or disabled child whose health condition necessitates the constant presence of a companion upon confirmation by the means of a medical report issued by the Medical Authority.

She has the right to extend the leave for a period of thirty (30) days without pay. 

5. The Employer must grant the female Worker maternity leave whenever she requests it at any time, starting as of the last day of the month immediately preceding the month in which she is expected to give birth, and this shall be proven by a certificate from the Medical Authority. Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 23 

6. Her right to obtain other leaves is protected against prejudice to her maternity leave or leaves of absence from the Employer.

7. It is important for the female Worker to be aware that if she works for another Employer during the period of her leave authorized in this article, she may have to pay back the wage she earned for the period of leave. 

8. The female employee is also protected from the termination of her service or from being at the receiving end of notice from Employer because of pregnancy, or maternity leave, or because of her absence from work in compliance with the provisions of Article. 9. 

The Female employee after she returns from maternity leave is entitled to one or two rest periods per day to breastfeed her child, provided that the period of both periods shall not exceed one hour. 

She can avail this benefit for a period not exceeding six (6) months as of the date of giving birth.

This way, not just the male workers’, but also the female workers’ rights are protected by The Labor Laws in The UAE.

ARTICLE  (31) SICK LEAVE

The bodies of every human being are sensitive to external environments and thus it is quite obvious that the employee may fall sick, if not for a long period, than at least for a shorter duration of time. The Labor Laws in The UAE also ensure that employees, including probationary employees are entitled to leaves in the event of falling sick.

1. In case the worker falls ill for reasons other than a work injury, he must inform the Employer or his representative of his illness.The Employee can inform about this within the time frame not exceeding three (3) business days and after proven by a medical report on his condition issued by the Medical Authority.

2. During the probation period in case the  employee falls sick, he/she may not be allowed a paid sick leave. However,  the Employee may be granted a sick leave without pay, necessitated by a medical report issued by a Medical Authority. 

3. After the Probation Period, the Worker can expect a sick leave of no more than (90) ninety consecutive or intermittent days per year. 

The duration of the sick leave entitled for the employee  shall be calculated as follows: 

a. The first fifteen (15) days with full pay. 

b. The following thirty (30) days with half pay. 

c. The following period shall be unpaid. 

4. The sick leave shall not be paid if the illness is a result from the Worker’s misconduct, in accordance with the cases specified in the Executive Regulation of this Decree by law. 

5. The Employer may terminate the Worker’s service after completing his sick leave referred Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 24 to in this article, if he is unable to return to work. However, the Worker must be compensated with his/her financial dues in alignment with the provisions of this Decree by law and its Executive Regulation.

ARTICLE (35) Effecting the Warning Period in the Event of Termination of the Contract During the Leave Period 

In case the Employer wishes to terminate your services, or vice-versa, there are rules in place that take care of thehe termination of your Employment Contract during the leave period, and also the warning period for thee same.

During the period when an employee is on sick leave, if either party to the employment contract desires to terminate the contract during this period, then they should proceed in accordance with the provisions of this Decree by law and its Executive Regulation. 

The provisions state that  the warning period shall start to take effect, as of the day following the scheduled return of the Worker from leave. In case the the Employer and the Employee agreed otherwise as per their contract, they must comply with the contract between the two. 

ARTICLE (43) Employment Contract Termination Warning . 

In case Either of the Employer or the Employee during the probation period wishes to terminate the contract for any legitimate reason, the other party must be notified in writing. 

In case the employee commits to work within the warning period agreed upon in the contract, that period shall not be less than thirty (30) days, and not more than ninety (90) days. 

The employment contract shall remain effective for the above-mentioned duration of the warning period. 

Upon the expiry of the said period, the Worker shall be entitled to his full wage for that period according to the last wage received thereby, and he must work during that period if the Employer asks him to do so.

An agreement may be made to exempt from the warning condition or reduce its duration while preserving all the rights of the Worker for the warning period agreed upon in the employment contract. 

The warning period must be the same for both parties unless it is in the interest of the Worker. 

3. The party that does not abide by the warning period will stand liable to pay the other party a compensation called a warning allowance, even if the failure to warn does not result in harm to the other party. 

Such compensation shall be equal to the Worker’s wage for the entire warning period or the remaining part of it. 

4. The warning allowance shall be calculated according to the last wage received by the Worker for those who receive their wages by month, week, day or hour, and according to the average daily wage referred to in this Decree by law for those who receive their wages by piece-meal. 

5. If the employment contract is terminated by the Employer, the Worker has the right to be absent for one unpaid working day per week during the warning period so that he/she can search for another job. 

The Worker may specify the day of absence provided that he informs the employer thereof at least (3) three days prior to the day of absence.

ARTICLE 44

Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 31 Article (44) Cases of Dismissal of Worker Without Warning

Cases of Unlawful treatment of workers and/or dismissal of employees from there jobs are never unheard of, no matter whichever part of the world an employee works in. 

The following laws would help the employee retain his rights upon his/her termination from service.

If the Employer or his legal representative has assaulted the Worker or subjected him to violence or harassment during work, the worker would have to inform the concerned authorities and the Ministry within (5) five business days.

In case the assault or violence or harassment of the worker is proven, the worker has the right to leave the workplace without warning, while retaining his rights upon termination of service

If the Employer assigns the Worker to perform work that is fundamentally different from the work agreed upon under the employment contract, without the Worker’s written consent, the worker has the right to leave the work without warning, while retaining his rights upon termination of service.

In case there is danger at the workplace that threatens the employee’s health or safety and the employer does not take adequate steps to ensure the removal of threats despite knowing about the threats, the Employee has the right to leave the work without warning,  while retaining his rights upon termination of service.

 1. If the Employer breaches his obligations towards the Worker stipulated in the contract, the worker must notify the Ministry (14) business days prior to the date of leaving work. Even after getting notified by the Ministry, if the Employer has not removed the effects resulting from such breach, the worker may leave the work without warning while retaining his rights upon termination of service.

this Decree by law, or the resolutions issued in implementation, and,  the Worker notifies the Ministry fourteen (14) business days prior to the date of leaving work, 

ARTICLE (46) Termination of service due to medical unfitness 

In case the employee lacks health fitness, the Employer will have to allow the employee to complete the leaves he/she is legally entitled to. Only after that the Employer may terminate the employee from service.

Any agreement to the contrary shall be void, even if it has been concluded before the provisions of this Decree by law come into force. Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 33 Article (47) Unlawful Termination of Worker’s Service 

1. If an Employee files a serious complaint to the Ministry or files a case against the Employer that has been proven to be true, the termination from services of such an employee shall be considered unlawful.

2. The Employer is obligated to pay a fair compensation to the Worker estimated by the competent court, if it is proven that the dismissal is unlawful in accordance with Clause (1) of this Article. 

The amount of damage incurred by the employee and the duration of his service and the kind of work the employee was doing will be taken into consideration, while determining the amount of compensation to be paid to the employee by the employer.   

The employee must be compensated with an amount that equals wages of the worker for period upto three months of his service. This would be calculated on the basis of the last wage received by the worker.

3. The Worker will also have in place the rights to the warning allowance and the end-of-service gratuity in accordance with the provisions of this Decree by law.

ARTICLE (48) Continuity of Employment Contracts 

At the time when legal status of the Establishment changes, the Employment contracts that were in force would continue tol remain effective, and the new Employer shall be responsible for implementing the terms of those contracts, in addition to implementing the provisions of this Decree by law and its Executive Regulation and the resolutions issued in implementation thereof, as of the date of amending the Establishment’s data with the Competent Authorities. 

 ARTICLE (49) Transfer of Worker

The Worker may move to work for another Employer in accordance with the conditions and procedures specified in the Executive Regulation of this Decree by law After the Employment Contract ends and in accordance with the provisions of this Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 34 Decree by law

ARTICLE (53) Payment of Worker’s Entitlement at the End of the Contract 

The Employee shall receive from the employer the payment of the Worker’s Entitlement, within fourteen (14) days as of the date of the end of the contract, his wages and all other entitlements stipulated in this Decree by law and the Federal Decree by Law No. (33) of 2021 Concerning Regulating Labor Relations 36 resolutions.

Article (55) Exemption from Judicial Fees 

To help the employees avoid exploitation from the employer’s end the Labor Laws in the UAE provide the aggrieved employee with the right to approach the MOHRE and thereafter the Judiciary in The UAE to seek justice. The laws mentioned below would help the employee avail exemption from judicial or litigation fees should they file a complaint.

1. Labor Laws in the UAE have made it mandatory that the lawsuits shall be exempted from judicial fees at all stages of litigation and execution, as well as the requests submitted by Workers or their heirs in case the value does not exceed one hundred thousand (100,000) AED. 

2. The Cabinet may – upon the proposal of the Minister of Justice -amend the value referred to in Clause (1) of this Article, by increase or decrease, whenever necessary. 

Thus, ever since the beginning of your service in The UAE, until its end, and/or even during unexpected events that unfortunately end up depriving an employee from his job, The Labor Laws in The UAE protect employees, foreign workers and even the workers on probation period in The UAE.