Question: I am currently employed at a mainland company in Dubai and am still under probation. What is the process for resigning from my position? Am I required to provide a notice period? Additionally, I signed a non-compete clause—does this still apply during the probationary period, or am I free to accept a similar role with another company?
Answer: If you wish to resign during your probationary period and join a new employer in the UAE, you are required to provide one month's notice to your current employer. According to Article 9 (3) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, an employee must notify their current employer in writing at least one month before terminating the contract. Additionally, unless otherwise agreed, the new employer must compensate the current employer for recruitment or contract costs.
Regarding the non-compete clause, Article 12(5)(b) of the Cabinet Resolution No. 1 of 2022 exempts employees from the non-compete clause if the contract is terminated during the probationary period. This means that the non-compete may not apply if you resign during probation and join a new employer in a similar field.
However, it is important to review your specific employment contract, as it may contain additional provisions that could affect these rules.
News Source: Khaleej Times
