Question: I am currently employed by a mainland company in Dubai and still within my probation period. I am considering resigning and would like to understand the legal process. Can I resign during probation, and am I required to cover any visa or hiring expenses?
Answer: In the UAE, employees are allowed to resign during their probationary period, but strict rules must be followed depending on their situation. According to the Employment Law, if an employee resigns to join another employer, they must provide a written one-month notice to their current employer. Additionally, the new employer is required to compensate the current employer for recruitment and hiring expenses under Article 9(3) of the Federal Decree Law No. 33 of 2021.
If the employee intends to resign and leave the UAE entirely, a 14-day written notice must be given. In this case, the employee cannot accept new employment in the UAE within three months unless their new employer reimburses the previous employer for recruitment costs, as outlined in Article 9(4) of the law.
Failure to comply with the required notice periods can lead to penalties. As per Article 9(5), if either party breaches the notice rule, the breaching party must pay compensation equal to the employee’s salary for the notice period or its remainder.
Moreover, employees who leave the UAE without observing the proper notice may face a one-year employment ban, preventing them from obtaining a new work permit during that period, in accordance with Article 9(6).
However, exceptions exist. Skilled professionals, family-sponsored residents, and Golden Visa holders may be exempt from the employment ban if they meet criteria set by the Ministry of Human Resources and Emiratisation, as explained in Article 11 of Cabinet Resolution No. 1 of 2022.
Importantly, employers in the UAE are not allowed to charge employees for recruitment or visa costs, whether directly or indirectly. This prohibition is clearly stated under Article 6(4) of the Employment Law.
In summary, employees can resign during probation as long as they respect the notice period rules and are aware that their employer cannot legally demand repayment of visa or hiring expenses. For further support, employees can reach out to the Ministry of Human Resources and Emiratisation (MoHRE).
News Source: Khaleej Times
