EXTENSION OF PROBATION PERIOD LETTER

Where a probationary employee is not achieving the standards of performance or conduct that you expect, you might wish to consider extending their probation period. In this case, you will first need to check the position on extension under the employee’s contract of employment.

According to Article 9 of the UAE Labour Law, the probation period can be for a maximum period of six months. It is not permissible for the same employer to employ any person on probation, more than once.

Article 9 of Federal Decree-Law No. 33 of 2021: ”The employer may terminate the employee’s employment during that period upon serving a 14-day written notice, at least, prior to the termination date.

When taking on new employees you provide for a “probation period” in order to enable you to assess their suitability for the employment. This is usually three to six months.

However, employees who are placed on probation will not be able to claim unfair dismissal if they are dismissed during their probation period.

You might feel that an employee is not quite performing or behaving to the high standards you expect. Therefore, you would like to extend the probationary period to serve as a “warning” that an improvement in performance and/or conduct is needed if they want to avoid being dismissed. The extension letter spells out that you will give the employee a further chance to improve during the extended probationary period but that, if the employee fails to do so, the next step is likely to be dismissal.

You should carefully investigate the reason for the employee’s lack of capability in their job. If the cause of poor performance is, for example, ill-health, lack of training or support, inadequate communication, problematic working relationships, faulty equipment or anything else that might be outside the employee’s control, you should take steps to address the problem.

This letter is intended for use in the UAE and the laws may differ in the free zones, you may need to have this document reviewed by a competent local legal practitioner.

Before Execution

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