Starting a new job in the UAE should be exciting, but many employees face an unexpected shock: termination during probation with little or no notice. This often feels unfair—and in some cases, it qualifies as wrongful dismissal during probationary period in UAE.
The good news is that UAE labor law protects employees, even in probation. By knowing your probationary period rights and consulting a skilled Labor lawyer Dubai, you can challenge wrongful dismissal UAE and secure fair treatment.
If you’ve been dismissed unfairly, click on the WhatsApp icon below for immediate legal support.
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Understanding Probationary Period in UAE Law
The probationary period is not a loophole for employers to dismiss staff at will. It is a legally regulated period under UAE labor law with specific protections for employees.
Legal Framework of Wrongful Dismissal During Probationary Period in UAE
According to Federal Decree-Law No. 33 of 2021 (UAE Labour Law), the probationary period:
- Cannot exceed six months from the employment start date.
- Must be clearly stated in the employment contract.
- Can only occur once with the same employer.
During this time, both employer and employee have rights:
- Employer Termination: Employers may terminate the employee but must give 14 days’ written notice. Failure to do so may render the dismissal wrongful.
- Employee Resignation: Employees may resign during probation by giving 14 days’ notice if staying in UAE, or 30 days’ notice if leaving the country to join another employer.
These provisions ensure that probation is not abused as a way to dismiss employees abruptly or without due process.
What Constitutes Wrongful Dismissal?
Even under probation, employees cannot be dismissed in violation of the law. Understanding what qualifies as wrongful dismissal UAE is key.
Examples of Wrongful Dismissal During Probation
- Lack of Proper Notice – If the employer terminates employment without providing the mandatory 14-day notice.
- Discrimination – Dismissal based on race, gender, religion, or pregnancy is unlawful.
- Retaliation – Firing an employee for filing a complaint with the Ministry of Human Resources & Emiratisation (MoHRE) or reporting violations.
- Contract Breach – Termination that contradicts specific terms in the employment contract (e.g., agreed probationary duration).
In such cases, the termination may be deemed wrongful dismissal during probationary period in UAE, entitling the employee to compensation.
Consequences of Wrongful Dismissal
Wrongful dismissal doesn’t just end a job—it can cause financial, professional, and emotional harm. UAE law recognizes this and provides remedies.
Legal Consequences for Employers
- Compensation: If the employer fails to serve the notice, they must pay salary equivalent to the notice period.
- Arbitrary Dismissal Claims: Courts can award up to three months’ salary if the dismissal is proven arbitrary or without valid reason.
- Reputational Damage: Companies found guilty of wrongful dismissal risk reputational harm and possible sanctions.
Employee Entitlements
Employees wrongfully dismissed during probation may claim:
- Salary for the notice period not given.
- Payment of accrued benefits such as leave balance.
- Compensation for wrongful or arbitrary dismissal.
Practical Example: If an employee earning AED 8,000 is dismissed without notice, they may claim AED 8,000 for the notice period. If proven arbitrary, the court may grant up to AED 24,000 (three months’ salary) in compensation.
Protect your income—speak with our employment lawyer in Dubai today about your options after a wrongful dismissal UAE.
Seeking Legal Assistance
Employment law disputes during probation require quick action. Without timely legal support, employees risk losing valid claims.
A Labor lawyer Dubai can help by:
- Reviewing employment contracts for compliance.
- Filing complaints with MoHRE on your behalf.
- Representing you in labor disputes and court cases.
- Negotiating settlements with employers.
Given that employers often have in-house legal teams, employees benefit significantly from professional legal support to level the playing field
FAQ
Understanding wrongful dismissal during probationary period in UAE empowers you to assert your rights effectively. Whether that involves ensuring proper notice, seeking compensation, or retaining your probationary period rights, timely legal action can make all the difference. A Labor lawyer Dubai is your best ally when facing wrongful dismissal UAE, protecting your rights every step of the way.
Contact our labor law firm in UAE for expert help. Click the Whatsapp icon below.
Read about Wrongful Dismissal Cases UAE Dubai 2024 and learn about the Wrongful Termination Probationary Period in UAE Dubai.
A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.
