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How is the probation period calculated exactly from the date of signing the contract?

Regarding the probation period, when is the deadline for an employer to terminate me if the DOJ anniversary is Friday 2nd Feb?

Will the six-month period end at midnight on the 1st, therefore completing six months, or can the employer still terminate on the 2nd?

Appreciate any guidance provided.

Wafa Ali Alhosany Advocates & Legal Consultants
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26 Jan 2024, 06:18

The probation period is six months, calculated from the day mentioned in the employment contract, until the end of the day completing the six-month period, including vacation days.

To obtain free legal advice that includes all the details, contact our office on WhatsApp - call or leave your number and we will contact you immediately.

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26 Jan 2024, 06:28

If the employee's date of joining (DOJ) anniversary is Friday, 2nd February, and the probation period is six months, the employer can still terminate the employee's probationary contract on the 2nd of February before the close of business.

26 Jan 2024, 07:38

DoJ is marked as 30th July and the date I landed in Dubai, 2nd August was my start date.

I have a six-month probationary period identified in my contract.

When will the last date for the company to terminate be?

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Dar Al Haqooq Legal Consultancy
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26 Jan 2024, 06:58

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.

In the UAE the probation period usually concludes at the end of business on the day of probation allowing the employer to terminate the contract, on that day.

In your situation, if the DOJ anniversary falls on Friday, February 2nd the employer has the right to terminate your employment until working hours end as long as it's within the specified probation period mentioned in your employment agreement and company policies.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards

ABDUL WAHIED

26 Jan 2024, 07:39

DoJ is marked as 30th July and the date I landed in Dubai, 2nd August was my start date.

I have a six-month probationary period identified in my contract.

When will the last date for the company to terminate be?

26 Jan 2024, 08:00

Your six-month probation period in the UAE typically ends on February 2nd if your start date is August 2nd.

During this period, the company can terminate your employment with notice as per the terms of your contract and labor laws.

Review your contract for specific details regarding probation and termination.

Laila Hamza Al Mulla Advocates and Legal Consultants
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26 Jan 2024, 07:14

There is some lack of clarity in your question.

If the date of joining is 2nd February and you will be completing a year with the company, then the rules under the probation period are no longer valid for your situation.

Regarding termination, the employer can initiate it before the expiry of the contract and he must follow the termination clause mentioned in the employment contract. If you need further clarification share your WhatsApp number. we will discuss.

26 Jan 2024, 07:40

DoJ is marked as 30th July and the date I landed in Dubai, 2nd August was my start date. I have a six month probationary period identified in my contract, when will be the last date for the company to terminate?

26 Jan 2024, 07:51

Regarding probation, it will be finishing on the 6th month from the date of signing the labor contract.

26 Jan 2024, 07:53

So it will be finishing on 2nd February.

Laila Hamza Al Mulla Advocates and Legal Consultants
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26 Jan 2024, 07:29

Dear Questioner

As per UAE laws, the probation period shall not exceed 6 months and it should be calculated accurately. So it will end in 1st midnight and cannot terminate beyond the said date.

26 Jan 2024, 07:29

If you need further clarifications, we can arrange a consultation.

26 Jan 2024, 07:38

DoJ is marked as 30th July and the date I landed in Dubai, 2nd August was my start date.

I have a six-month probationary period identified in my contract.

When will the last date for the company to terminate be?

26 Jan 2024, 07:39

Thanks.

26 Jan 2024, 10:29

Your probation will start from the day you sign the employment contract.

Please share your Whatsapp number to discuss in detail

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Elnaggar & Partners
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26 Jan 2024, 12:47

Dear questioner,

Based on the information provided in Article 9 of the UAE Labor Law and your question, the deadline for an employer to terminate a worker's employment during the probation period would be midnight on the 1st of February. Here's why:

• Article 9.1 clearly states the probation period is "not exceeding (6) six months from the date of commencement of Work." This means the full six months are included until the end of the day on the 1st of February.

• There is no specific mention of holidays or weekends affecting the probation period in the article. Therefore, the standard interpretation applies, considering the full 24 hours of the date as part of the six-month period.

• Terminating after midnight on the 1st would exceed the six-month timeframe outlined in the article. This could potentially be challenged by the worker as an unfair dismissal.

Therefore, the safest approach for the employer would be to notify the worker of termination, in writing, before midnight on the 1st of February. This ensures compliance with the terms of the contract and minimizes the risk of legal challenges.

Please feel free to reach out to me by email if you have any further questions.

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