Can you resign during probation in the UAE? What the Labour Law says
Know the legal steps and notice rules to resign during probation in the UAE
Dubai: If you’ve just started a new job in the UAE and are thinking of leaving during the probation period, whether the role isn’t the right fit, the work environment isn’t ideal, or a better opportunity has come up, the UAE Labour Law protects your right to do so under certain conditions.
Federal Decree-Law No. 33 of 2021 ensures that both employees and employers are treated fairly during probation, supporting a flexible and competitive labour market while maintaining business ease and stability.
What is the probation period?
As per the UAE Labour Law, the probation period is a set timeframe agreed upon at the start of employment. It allows:
Employers to assess the employee’s performance.
Employees to get familiar with the role and workplace.
At the end of this period, the employer can either continue the employment or terminate it in line with the provisions of the law.
Can you resign during the probation period?
Yes, employees are allowed to resign during probation but must follow specific rules under the law to avoid penalties or labour bans.
Rules for resigning or transferring during probation
1. Transferring to another employer within the UAE
If you wish to move to another company:
You must notify your current employer at least one month in advance, or
Pay compensation equal to your wage for the full notice period or the remaining part of it.
Your current employer can claim recruitment and contract costs from your new employer.
2. Leaving the UAE
If you plan to leave the country entirely:
You must give 14 days’ notice, or
Pay compensation equal to your total wage for the notice period or the remaining days.
Failure to follow this rule may result in a labour ban of one year from the date of your departure.
Exceptions to the labour ban
According to Article 28 (2) of Ministerial Decree No. 1 of 2022, the following categories are exempt from the one-year labour ban:
Workers holding family-sponsored residency visas.
Workers who apply for a new work permit at the same establishment.
Workers with skills, qualifications, or knowledge required by the UAE.
Golden Visa holders.
Professionals in categories aligned with the labour market needs, as determined by a resolution from the Minister of Human Resources and Emiratisation (MOHRE).
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