Are You Entitled to Gratuity During Probation?

The short answer under UAE Labour Law is No.

Statutory Rule (Article 51(1)): An employee must complete a minimum of one continuous year (12 months / 365 calendar days) of service with an employer to qualify for End of Service Gratuity. Because the maximum legal probation period in the UAE is six (6) months, anyone leaving their job during probation has not completed the mandatory 1-year threshold and is legally entitled to AED 0.00 in gratuity.

Key Rules of Article 9 (Probation Period Regulations)

1. Maximum Duration

The probation period cannot exceed six (6) months from the date of commencing work. It cannot be extended beyond this limit, nor can an employee be placed on probation more than once with the same employer.

2. Termination by Employer

If the employer terminates the employee during probation, they must give a minimum of 14 calendar days' written notice. Sudden same-day termination without notice is unlawful unless grounds under Article 44 apply.

3. Resignation to Join New UAE Employer

If the employee resigns during probation to work for another UAE employer, they must provide 30 days' written notice. Crucially, the new employer must compensate the old employer for recruitment and visa processing costs.

4. Resignation to Leave the Country

If the employee resigns to leave the UAE entirely, they must give 14 days' written notice. If they return on an employment visa within 3 months, their new employer may be required to compensate the initial recruitment costs.

What Entitlements MUST Be Paid if Terminated During Probation?

Even though you do not receive gratuity, your employer is legally obligated to settle the following entitlements in your final clearance:

Full Salary: Payment for all working days up to and including the 14-day notice period.
Accrued Annual Leave Pay: Any unused annual leave days accrued during the months worked (under Article 29).
Repatriation Air Ticket: If terminated by the employer and the employee is returning to their home country, the employer must provide a flight ticket pursuant to Article 13(12).
Visa Costs Deduction Ban: The employer is strictly prohibited under MOHRE regulations from deducting visa stamping, Emirates ID, or medical fees from the employee's settlement.

Have you completed more than 1 year of service?

Once you cross 365 calendar days of continuous employment, your statutory gratuity starts accruing immediately.

Open UAE Gratuity Calculator

UAE Probation Period Rules: Termination, Resignation & Gratuity

Are You Entitled to Gratuity During Probation?

Key Rules of Article 9 (Probation Period Regulations)

What Entitlements MUST Be Paid if Terminated During Probation?

Have you completed more than 1 year of service?

Official Legal Disclaimer & Scope of Application