Probation reviews that actually work in the United Arab Emirates
Reviewed by Mellow Editorial Team, HR & payroll content team
A probation review works in the UAE when it is structured, documented, and tied directly to the criteria set out at the start of employment — not treated as a box-tick before confirming someone's contract.
What the law says about probation
Federal Decree-Law No. 33/2021 caps the probation period at six months. During that time, either party can end the employment — but notice requirements still apply. An employer terminating during probation must give 14 days' written notice. An employee resigning to join another UAE employer must give one month's notice; resigning for any other reason requires one month's notice.
If the employee completes probation, the period counts toward total service for gratuity and leave entitlement purposes. This matters: annual leave accrues, and end-of-service gratuity — 21 days' basic wage per year for the first five years — starts from the original joining date, not the confirmation date.
You cannot extend probation beyond six months, even by agreement. If a second probation period is set after a promotion or role change, most employment lawyers in the UAE advise treating this cautiously; courts have ruled on the side of employees in disputes involving repeated or extended probation.
Set the criteria before day one
A review is only as useful as the standards it measures against. Before the employee starts, define what "successful" looks like at the 30, 60 and 90-day marks, and again at the end of the full probation period. These criteria should be written down and shared with the employee on or before their first day.
Useful criteria typically cover:
- Role-specific deliverables (what they should have produced or learned)
- Behavioural indicators (how they work with the team, how they handle feedback)
- Process milestones (systems access completed, inductions done, any required certifications)
Avoid vague language like "meeting expectations." If a dispute reaches the Ministry of Human Resources and Emiratisation (MoHRE) or a labour court, documented specifics carry far more weight than general impressions.
The review meeting itself
Schedule formal check-ins at roughly the one-month and three-month marks, with a final review at least two weeks before probation ends. That last point is critical: you need enough runway to issue the 14-day notice required if you decide not to confirm.
In each meeting:
1. Review performance against the written criteria. Go through each point, not just the highlights.
2. Give the employee time to respond. Ask directly whether they have the support, tools and clarity they need. This both surfaces genuine problems and demonstrates procedural fairness.
3. Agree the next steps in writing. A brief email summary after the meeting is enough — it does not need to be a lengthy document.
4. Note any areas of concern explicitly. If performance is below the mark, say so clearly in the written record. Employees who are surprised at a final review that leads to termination are far more likely to raise a dispute.
Confirming, extending (within limits) or ending employment
After the final review, you have three options.
Confirm employment. Issue a written confirmation letter. State the date, that probation has been completed successfully, and that the employee's full employment terms now apply. This is also a good moment to check that WPS payroll records and any relevant HR systems reflect the confirmed status.
End employment. If you are not confirming, issue the 14-day written notice as required. Pay all amounts owed: salary to the last working day, any accrued but unused leave, and any gratuity entitlement (since probation service counts toward total tenure). Calculate gratuity carefully — see how Mellow runs payroll across six countries for a practical example of how these calculations work across different jurisdictions.
Address a specific performance gap. If the employee is broadly performing well but there is one clear gap — a technical skill, a process they have not yet completed — document it as a condition of confirmation. Set a fixed date within the remaining probation period to reassess that single point. Do not treat this as an informal extension; keep it bounded and specific.
Documentation you should keep
Maintain a clear paper trail for every probation review:
- The written criteria shared at the start
- Notes or summaries from each check-in meeting
- Any written warnings or formal feedback given during the period
- The confirmation letter or termination notice
UAE labour disputes are heard by MoHRE before escalating to the courts. An employer with clear, consistent, contemporaneous records is in a significantly stronger position than one relying on verbal accounts. Store documentation securely and ensure it can be retrieved quickly if needed — a complaint can be filed by an employee within one year of the relevant event.
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