Probation and Job Transfers in the UAE: An Employer Advisory

In the UAE, the probation period is an important phase of the employment relationship. It allows both the employer and the employee to assess fit before the employment becomes fully confirmed. The federal employment regulations limit probation to no more than six months, and an employee may not be placed under probation more than once for the same role with the same employer.

During probation, the statutory rules for termination and mobility differ somewhat from post‑probation conditions, and employers must understand the key requirements to avoid compliance missteps.

Probation Period Basics

• Maximum Duration: Employers can place a new worker on probation for up to six months from the date actual work begins.
• Single Use: The probation period cannot be repeated with the same employer for the same position.
• Counting Towards Service: If a probationary employee continues after the probation period, that time counts toward total service for entitlements that depend on length of service.

Probation terms must be clearly stated in the employment contract that is registered with MoHRE. Well‑defined probation clauses help both parties understand expectations and notice requirements early in the employment relationship.

Transfers and Resignation During Probation

1. Transfer to Another Employer Within the UAE

An employee may transfer to a new employer during probation, but must comply with notice or compensation requirements:

• The employee must provide at least one month’s written notice to the current employer before terminating the contract to join another employer.
• Alternatively, the employee may pay compensation equal to their wage for the notice period or the remaining portion.
• The new employer may also agree to reimburse the original employer for documented recruitment and contracting costs, which helps safeguard the original employer’s investment.

Employers should include these provisions in HR policies so that transitions during probation are managed smoothly and within regulatory expectations.

2. Resignation to Leave the UAE

If an employee wishes to resign and exit the UAE during probation, the notice requirement is shorter:

• A 14‑day written notice must be given to the employer.
• If the employee intends to return and take up new employment within three months, the new employer may be required to compensate the previous employer for recruitment and contracting costs.

Understanding when and how these notice obligations apply helps employers support departing workers and plan for replacements without unexpected gaps.

3. Documentation and Written Notice

Across all scenarios, the law requires that the notice be provided in writing. This protects both parties and creates a clear record for HR teams and MoHRE compliance checks. Verbal notice or informal communications do not meet the legal requirements.

Practical Implications for Employers

Clear Contract Terms

Ensure that probation terms, maximum duration, notice periods, and any associated reimbursement mechanisms are clearly outlined in the employment contract. This reduces ambiguity and sets expectations from day one.

Notice Tracking and HR Processes

Establish internal processes to track notice periods and manage transitions efficiently. An HR system should automatically flag upcoming probation milestones and required actions, helping mitigate risk and streamline workflows.

Work Permits and Compliance

If a transfer during probation involves a change of sponsor or work permit, employers must coordinate with immigration systems and ensure that all statutory steps are followed. Non‑compliance may result in delays or administrative complications.

Employee Communication

Onboarding should include clear communication about the probation period, notice requirements, and how transfers or resignations will be handled. Educated employees are less likely to inadvertently breach notice obligations or encounter disputes.

How Tarmack’s EOR Services Can Help

Navigating probation rules and employee mobility in the UAE can be complex, especially for remote or international employers:

• Contract Compliance: Tarmack ensures that probation periods and transfer terms in employment contracts are compliant with current UAE labour regulations.
• Notice and Documentation Support: We manage written notice tracking and prepare documentation for transfers or resignations during probation.
• Work Permit Coordination: Transfers affecting work permits are handled efficiently, reducing administrative burden on HR teams.
• HR Advisory Support: Employers receive proactive guidance on best practices and risk areas, ensuring compliant and professional transitions.

Partnering with an EOR like Tarmack helps employers focus on talent strategy while leaving compliance and administration in experienced hands.

Conclusion

MoHRE’s probation transfer guidelines promote a balanced approach to employee mobility while safeguarding employer interests. For employers hiring in the UAE or engaging remote talent, understanding and integrating these probation provisions into HR practices is essential for compliance and operational efficiency. With the support of an EOR partner, employers can manage probation‑related transitions confidently and strategically.