Can You Resign During Probation in Dubai Without Paying Visa Costs?
Can you resign during probation in Dubai without paying visa costs? Learn notice periods, compensation rules, and legal rights under UAE employment law.
Key Takeaways
- UAE labour law is governed by Federal Decree-Law No. 33 of 2021
- Employees and employers both have specific rights and obligations under the law
- MOHRE handles labour disputes and can be contacted for complaints
- Understanding your rights is essential for a fair working relationship
Yes, employees can legally resign during probation in Dubai without paying visa or recruitment costs. However, you must provide one month's notice if joining another UAE employer (who pays compensation to your original employer) or 14 days' notice if leaving the UAE entirely.Many employees working in Dubai during their probationary period worry about financial obligations when considering resignation.
Understanding your legal rights under UAE labour law protects you from unfair employer demands and costly mistakes.What Are Your Legal Rights When Resigning During Probation?Under Article 9 of Federal Decree Law No. 33 of 2021, employees have clear rights to terminate employment during probation. The process depends entirely on your future employment plans within or outside the UAE.The UAE labour
law explicitly prohibits employers from charging workers for visa or recruitment expenses, regardless of when you resign. This protection applies to all mainland company employees during probation periods.How Long is the Notice Period When Joining Another UAE Company?When resigning to join another UAE employer during probation, you must provide one month's written notice to your current employer.
Your new employer becomes responsible for compensating your original employer for recruitment and employment costs.Article 9(3) of the Employment Relations Regulations states: "An employee who intends to move on to another employer in the UAE during the probationary period shall notify his current employer in writing at least one month before the date on which he intends to terminate the contract,
and unless agreed otherwise, the new employer shall compensate the first employer for recruitment or contract costs."This arrangement protects employees from direct financial liability whilst allowing career mobility between UAE companies during probation.What Notice Period Applies When Leaving the UAE?Employees planning to exit the UAE after resigning during probation face different requirements:14-Day
Notice Period Requirements:Provide written notice at least 14 days before departureCannot accept new UAE employment for 3 months after leavingIf returning within 3 months for work, new employer must compensate previous employerArticle 9(4) confirms this procedure for employees departing the UAE during probation, offering a shorter notice period but with temporary re-employment restrictions.What Happens
If You Don't Follow Proper Notice Procedures?Failing to provide adequate notice during probation resignation triggers serious consequences under UAE labour law:Financial Penalties:Pay compensation equal to your salary for the full notice periodAdditional costs if employer demonstrates financial loss from your departureEmployment Restrictions:One-year ban from obtaining work permits in the UAEBan applies
from your departure date, affecting future career opportunitiesArticle 9(5) and 9(6) outline these penalties, emphasising the importance of following proper resignation proce...
About This Article
This article provides general information about UAE labour law and employment regulations. The information is based on Federal Decree-Law No. 33 of 2021 and subsequent amendments. For specific legal advice regarding your situation, please consult with a qualified legal professional or contact the Ministry of Human Resources and Emiratisation (MOHRE).