# Termination during Probation



## Razi (Jun 22, 2012)

Just wondering as I know a few people getting terminated during their probationary periods just recently. I want to know how common it is in Dubai i.e. getting terminated during probationary periods and all? The person I know had 6 months probationary period mentioned in the Labor contract but he says that he was verbally informed that the actual probationary period will be 3 months as stated in his job offer. He got terminated in the 4th month after a few days when he asked about his permanent letter. Is there anything that he can do?


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## TandA (Jun 24, 2012)

A verbal contract is only worth the paper it's written on.


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## Razi (Jun 22, 2012)

TandA said:


> A verbal contract is only worth the paper it's written on.


Thats what I know and have been telling him too. But he says that he has their offer document in his email stating that the probationary period will be 3 months. However, his labor contract states that his probationary period will be 6 months. So which one will be counted as a true contract?


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## TandA (Jun 24, 2012)

Razi said:


> Thats what I know and have been telling him too. But he says that he has their offer document in his email stating that the probationary period will be 3 months. However, his labor contract states that his probationary period will be 6 months. So which one will be counted as a true contract?


Labour contract, every time. One is an offer, the other is a contract. The contract will always override the offer. 

EG I offer to buy your car for $500, we sign an agreement for $1000, which do you think would stand up in court?


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## Razi (Jun 22, 2012)

TandA said:


> Labour contract, every time. One is an offer, the other is a contract. The contract will always override the offer.
> 
> EG I offer to buy your car for $500, we sign an agreement for $1000, which do you think would stand up in court?


Thanks for clarifcation. Is it quite common getting terminated in Dubai during probation? and without giving any reason in every incidence? I know two people getting terminated the same way with one of them having the above mentioned scenario and is quite worried about it. 

Moreover, is there any way he can ask his employer to delay the visa cancellation process so that he can find a new job? maybe for a couple of months? will there be a ban imposed on him because of termination?


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## HarryK (Aug 31, 2010)

Razi said:


> Thanks for clarifcation. Is it quite common getting terminated in Dubai during probation? and without giving any reason in every incidence? I know two people getting terminated the same way with one of them having the above mentioned scenario and is quite worried about it.
> 
> Moreover, is there any way he can ask his employer to delay the visa cancellation process so that he can find a new job? maybe for a couple of months? will there be a ban imposed on him because of termination?


Termination during probation is subjective as it depends from company to company. Employs don't go through all the hiring pains and employee set up logistics just to get rid of them. So there must be a valid reason his tenure was ended. 

As for the extension of visa... It needs to be canceled as soon as he is no longer an employee. If the company are in a FREEZONE then they are legally obliged to inform the FREEZONE he is no longer working. 

Also there is no such thing as redundancy in Dubai, just unlawful dismissal... So even if your friend thought he has a case in court, the most he will get is 3 months salary. My advice would be for him to move on and get another job.


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## Razi (Jun 22, 2012)

Hmm... So its not like a person getting fired because his boss never liked his personality right? or discrimination based on nationality? (thats what he says and believes and it seems true too because of the things he used to tell us abt his work and boss etc.)


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## HarryK (Aug 31, 2010)

Razi said:


> Hmm... So its not like a person getting fired because his boss never liked his personality right? or discrimination based on nationality? (thats what he says and believes and it seems true too because of the things he used to tell us abt his work and boss etc.)


Even if it is true and he is being discriminated against, doesn't mean jack. There are no discrimination laws here, employers can pay some less based on thier origin (I don't agree with this). Bottom line he's in his probation period and regardless of why he is terminated there is nothing he can do. This isnt the uk where we're once protected by the equality act 2010, this is the middle east and there are little no employment laws. 

There is unlawful dismissal, you would need solid legal evidence to prove it. And if you did win the max pay out is 3 months salary. But during probation period employers and employees can leave almost immediately with any reason without risk. 

Tell your friend to move on.


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## thinklink (May 31, 2012)

Sadly, i have just been terminated employment during probation period (3months) with a British company... Now the employment visa is cancelled and I have only 2 weeks left to find another job... bloody hell!


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## Tristan2011 (Apr 28, 2012)

thinklink said:


> Sadly, i have just been terminated employment during probation period (3months) with a British company... Now the employment visa is cancelled and I have only 2 weeks left to find another job... bloody hell!


Wow that's harsh. Did they give you a reason why they terminated your contract?


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## thinklink (May 31, 2012)

Tristan2011 said:


> Wow that's harsh. Did they give you a reason why they terminated your contract?



It is harsh indeed, that's exactly what I said when manager informed me about termination. He said my performance didn't match company director's expectation and also business in Middle East wasn't good so they have to keep budget... what a nonsense! They didn't even allow me enough time to perform and generate revenue for them! 

One of my Pakistani colleague also was fired but he's been with the company for 6 months.

Now I'd better find a another quick! Any ideas where best to look out for job opportunities? Cheers!


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## Tristan2011 (Apr 28, 2012)

What sort of work were you doing and what sort of work are you looking for?


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## thinklink (May 31, 2012)

Tristan2011 said:


> What sort of work were you doing and what sort of work are you looking for?


I have worked in the UK (Kent and London) for 2 years, experience in Sales and Recruitment, now also working in recruitment in Dubai but am open to admin, sales & retail, marketing, finance, HR, etc. roles


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## Razi (Jun 22, 2012)

So do employers give a formal confirmation letter at the end of probation? is it necessary to get it?


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## BedouGirl (Sep 15, 2011)

Razi said:


> So do employers give a formal confirmation letter at the end of probation? is it necessary to get it?


It depends on the company - some will conduct a formal review and some just see it as "another day". You would need to ask your employer what they do. Technically speaking, a good HR department would confirm in writing.


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## ynatt869 (Jan 23, 2012)

Performance review after probation period is optional but confirmation letter is must.


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