The probation period is a significant phase for both employer and employee, allowing each to evaluate if they’re a good match. For Overseas Filipino Workers (OFWs) in Dubai, understanding your rights during this period can help prevent misunderstandings and protect you from unfair treatment. Here’s what every OFW should know about their rights and responsibilities during the probation period in Dubai.
Understanding the Probation Period in Dubai
In Dubai, the probation period is a trial phase meant to assess an employee’s performance and compatibility with the role and workplace. It usually lasts between three and six months, as stipulated by UAE Labour Law. This timeframe must be clearly outlined in your employment contract, as UAE law prohibits extending probation beyond six months. During this time, employers evaluate your suitability, and you can also assess whether the job aligns with your career goals and expectations.
Your Rights as an OFW During Probation
Although probation is considered a “trial” period, OFWs still hold specific rights that employers are required to honor. Here are some key rights every OFW should be aware of:
a. Right to Fair Treatment
Even during probation, you’re entitled to fair and respectful treatment in the workplace. Your employer must uphold professional standards and treat you without discrimination based on nationality, race, religion, or gender.
b. Right to a Defined Probation Period
Employers must specify the probation period in your employment contract, which cannot exceed six months. If your contract doesn’t outline this, ask your employer for clarification to avoid any misunderstandings about the duration.
c. Right to Salary and Benefits
During probation, you are entitled to receive the agreed-upon salary stated in your contract. While certain benefits, such as paid leave and end-of-service gratuity, may only apply after completing probation, your base salary and any additional allowances specified in your contract should be paid on time.
d. Right to Health and Safety Protections
Your employer is responsible for maintaining a safe work environment, which includes providing any necessary health and safety training, equipment, and protective measures. If you feel that your safety is compromised, you have the right to report it to your supervisor or relevant authorities.
e. Sick Leave Rights During Probation
While employees are generally entitled to paid sick leave after completing the probation period, some employers may allow sick leave during probation on an unpaid basis. If you fall ill during probation, it’s essential to notify your employer promptly and provide any required medical documentation. It’s advisable to check with HR regarding your company’s sick leave policy during probation, as each organization may have its approach.
Termination and Resignation During Probation
During probation, either the employee or employer may choose to end the employment relationship. However, specific rules govern this process:
a. Employer-Initiated Termination
If your employer decides to terminate your contract during probation, they are required to provide at least 14 days’ notice as per the UAE Labour Law. This notice period gives you some time to arrange your next steps, such as seeking alternative employment or planning your departure from the UAE.
b. Employee-Initiated Resignation
If you wish to resign during your probation period, you generally need to give one month’s notice if you’re resigning to join another employer in the UAE. If you plan to return to the Philippines. a minimum of 14 days’ notice is required. Following these guidelines ensures you fulfill your obligations and avoid penalties.
Visa and Immigration Rights During Probation
Your employer is responsible for handling your visa and immigration documents, even during the probation period. This includes covering the costs of your work visa, medical tests, and Emirates ID. Ensure that all your documentation is in place and handled by your employer to prevent any issues with your residency status.
Probation and End-of-Service Benefits
During the probation period, you are not yet eligible for end-of-service benefits, such as gratuity pay. These benefits generally apply after one year of continuous employment. However, once you complete the probation period and transition to a permanent role, the time spent in probation is counted toward your overall service period, which can impact your future end-of-service benefits.
Breaching the Contract During Probation: What Happens?
If either party breaches the contract during the probation period, there are specific consequences under UAE labour law. Here’s what can happen if either you or your employer fails to meet the agreed-upon terms during probation.
a. Employer Breach of Contract
If your employer breaches the contract during probation—such as by failing to pay your salary, denying your right to a safe workplace, or terminating your employment without the required notice—you have the right to take action. Here’s what you can do:
- File a Complaint with MOHRE: If the issue cannot be resolved through internal discussions, you can file a complaint with the UAE’s Ministry of Human Resources and Emiratisation (MOHRE). This agency will mediate the dispute, and you may be entitled to compensation or assistance in securing alternative employment if the employer is at fault.
- Seek Assistance from the Philippine Consulate: If you face serious labour-related issues, the Philippine Consulate in Dubai offers support and guidance.
In cases where the employer’s breach is significant, you may also have the option to end the contract early without penalty.
b. Employee Breach of Contract
If you breach the contract—such as by resigning without giving the required notice or joining another employer without following legal procedures—there can be consequences:
- Employment Ban: If you leave your job without notice or join a new job without informing your employer, you might face an employment ban, which can prevent you from working in the UAE for up to a year. This is typically applied in cases of serious breaches, so it’s essential to comply with the contract terms.
- Monetary Penalties: In some cases, employers may seek compensation as outlined in the contract if you breach the agreement by resigning without serving the notice period.
- Visa Cancellation: If you leave without following proper procedures, your employer may cancel your visa, and you may be required to leave the UAE within a specific timeframe.
It’s always advisable to communicate openly with your employer and follow the legal process to avoid penalties.
What to Do if You Encounter Issues During Probation
If you experience problems with your employer during probation, such as unpaid wages, unfair treatment, or harassment, there are steps you can take:
- Speak to HR: Sometimes, issues can be resolved internally with the HR department.
- File a Complaint: If informal discussions don’t resolve the issue, you can file a complaint with MOHRE, which oversees labour disputes and protects employee rights.
- Contact the Philippine Consulate: For more serious matters, you can seek assistance from the Philippine Consulate in Dubai, which provides guidance to OFWs facing labour challenges.
Also Read: Involuntary Loss of Employment (ILOE) Insurance Guide for UAE Employees
Final Thoughts
Navigating the probation period can be challenging, especially when adjusting to a new job and country. By understanding your rights and responsibilities, you can confidently manage this trial phase. While probation allows employers to evaluate fit, it’s also an opportunity for you to assess the job’s alignment with your goals.
Being proactive and informed about your rights will help ensure a smoother experience, setting a solid foundation for your career in Dubai.
