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Probation period and possibility of extending it upon completion

Is it possible to extend probation of an employee further 3 months after completing his/her probation of 6 months (as per the contract) based on performance dissatisfaction and provided with a Performance Improvement Plan?

Or should the termination happen after completion of 6 months probation?

Al Nassar Advocates & Legal Consultants
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16 Jun 2019, 09:23

Hi there,

You can extend it only in special circumstances as mentioned in your query and must be clearly communicated to the employee in writing.

The second part was not very clear though.

Thanks,

Sudhanshu Singh

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Mohamed Bakheet Advocates & Legal Consultants
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16 Jun 2019, 10:43

Hello,

An employee cannot be on probation under the same employer for more than once and the maximum probation period shall be six months.

This is in accordance with Article 37 of the Federal Law No. 8 of 1980 regulating employment relations in the UAE (the 'Employment Law') which states,

"An employee may be engaged on probation for a period not exceeding six months, during which his services may be terminated by the employer without notice or severance pay, provided that an employee shall not be engaged on probation more than once in the service of any one employer. Where an employee successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service."

The second question was not clear enough to reply.

You can get in touch with me on the phone or by email for further assistance and clarification.

Regards,

Mohammed Beakheet

Dr Amira Al Bastaki Advocates and Legal Consultants
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16 Jun 2019, 17:52

You can. For more information, please contact us on email.

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