Legal Insight: Human Resource Law in the UAE
Article 9 of Human Resources Law No. (49) of 2022 addresses the provisions related to the probationary period to which an employee is subject at the beginning of his appointment in the federal government. It also outlines the procedures for testing and evaluating the performance of new employees in government positions. This approach is considered part of the human resources management strategy to ensure the effective performance of government employees and enhance the overall integration of new personnel into the administrative structure.
We can summarize these provisions and procedures as follows:
1. Performance test for the new employee: An employee newly appointed to a government position undergoes a six-month probationary period. This period aims to assess his performance and integration into the work environment.
2. Extension of the probationary period: If the employee’s performance during the initial period is unsatisfactory or unacceptable, the probationary period may be extended for an additional similar period. This allows the administrative entity more time to evaluate the employee’s performance and take appropriate actions.
3. Powers of the Cabinet: The Cabinet is the empowered to decide on exempting the employee or reducing the probationary period if the appointed employees hold a position equivalent to that of a ministry undersecretary, director-genera, or any person with a similar rank in federal entities.
4. Employee Transferred from an External Entity: The mentioned article allows, by decision of the competent authority, subjecting an employee transferred from an external entity to the probationary period referred to above. This aims to assess how well the transferred employee adapts to the new work environment in which they have been appointed.
5. Termination of Employee Service During the Probationary Period by the Competent Authority: The mentioned article explicitly allows the competent authority, through a decision issued by it, to terminate the employee’s service during the probationary period if it is proven that the employee is incompetent or unfit to perform the duties of the position, or due to subpar performance. This should be done in accordance with the procedure adopted by the administrative entity, with the requirement of providing a notice period of no less than five (5) working days.
6. Employee Resignation During the Probationary Period: The mentioned article indicates that an employee undergoing a probationary period may resign from his position during this period, but with the condition of notifying the employer of the resignation decision. This notification should be made by the immediate supervisor, and the notice period in this case should not be less than five (5) working days.
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