UAE: Resigning during probation? Here's what you should keep in mind
Labour Law: Do I have to pay my notice period salary if I find a better offer? Find out.
Dubai: If you are planning to leave your job during probation because you found a better one or want to leave the UAE and go back to your home country, you need to abide by the notice period requirements as outlined in the UAE’s labour law – Federal Decree-Law No. 33 of 2021.
In an online post on Thursday, October 5, the UAE’s Ministry of Human Resources and Emiratisation (MOHRE), explained the stipulated notice period for resigning while a worker is under probation.
How soon you should inform your employer about your decision to leave depends on whether you are joining another company in the UAE or plan to leave the UAE. Knowing what your notice period requirements are, is critical to ensure you do not face any financial repercussions or a labour ban.
The notice period for leaving your job for another company
If you want to leave your current job and move on to a new company in the UAE, you should notify your employer in writing at least one month from the date on which you wish to terminate the contract.
According to MOHRE, in this case, the new employer should compensate the original employer for the costs of recruitment or contracting with the employee, unless otherwise agreed upon.
The notice period for leaving the UAE
Suppose you are leaving the UAE and want to terminate your contract during probation. In that case, you should notify your employer in writing within 14 days from the date specified for termination of the contract.
However, according to MOHRE, if a worker wishes to return to UAE and join a new company and obtain a work permit within three months from the date of departure, the new employer shall pay the compensation of recruitment costs outlined in the law, unless there is an existing agreement between the original employer and employee.
What happens if you don’t abide by the notice period?
If either party terminates the employment contract without taking into consideration the legal requirements stated above, they have to compensate the other party the equivalent of the employee’s salary for the notice period or the remaining period of the notice period.
If you leave the UAE without abiding by the stipulated notice period in the UAE’s labour law, you will face a one year labour ban in the UAE.
Termination under probation
On the other hand, if a worker’s contract is terminated by the employer, the employer must give the worker a notice of a minimum of 14 days.
However, the law also provides employers with the right to terminate an employee’s contract with immediate effect, in certain critical circumstances. If you want to know more about these situations, read our detailed guide here.