Emirates: Question: I am currently employed by a mainland company in Dubai and still within my probationary period. I am considering resigning and would like to understand the legal process. Am I allowed to resign during probation, and will the company require me to pay for visa costs or other hiring expenses?

Answer: In the UAE, an employee is allowed to resign during his/her probationary period, but certain rules apply depending on his/her circumstances. If an employee wishes to resign and join a new employer, he/she must serve a one-month notice period with his/her current employer. The new employer must compensate the current employer for the recruitment and employment  costs.

This is in accordance with Article 9(3) of the Federal Decree Law No. 33 of 2021 on the Regulations of the Employment Relations, which 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.”

However, If you intend to resign and leave the UAE, the process is slightly different. You must give your current employer a 14-day notice period. You may not take up employment in the UAE within 3 months from the date of leaving from UAE. In case you return to the UAE and accept new employment within three months of leaving, your new employer must compensate your previous employer for the recruitment cost.

This is in accordance with Article 9(4) of the Employment Law, which states, “A foreign employee wishing to terminate the employment contract during the probationary period in order to leave the UAE shall notify his employer in writing at least 14 days prior to date determined for termination of the contract. If the employee wants to return to the UAE and obtains a new work permit within three months from the date of his departure, the new employer shall pay the compensation stipulated in paragraph (3) above, unless agreed otherwise by the employee and the original employer.”

In the event an employee does not comply with the notice period mentioned in the Employment Law related to the termination of the employment contract, the party breaching such provision of law should compensate the other party. This is in accordance with Article 9(5) of the Employment Law, which states, “If either party terminates the employment contract without complying with the provisions of this article, he shall pay the other a compensation equal to the employee's salary due for the notice period, or the remainder thereof."

Additionally, if an employee fails to comply with the notice period requirements as mentioned in Article 9 of the Employment Law, such employee may not be granted a new work permit (generally known as an employment ban) for one year.

This is in accordance with Article 9(6) of the Employment Law, which states, “A foreign employee who leaves the UAE without complying with the provisions of this Article shall not be granted a work permit to work in the UAE for a period of (1) one year from the date of his departure.”

Furthermore, an employee who does not follow the guidelines related to resigning during the probation period may be exempted from imposition of an employment ban for one year, if such employee is a skilled or professional as classified by the Ministry of Human Resources and Emiratisation (Mohre), sponsored by a family member, or holds a golden visa residency. This is in accordance with Article 11 of the Cabinet Resolution No. 1 of 2022 on the Implementation of Employment Law.

“Subject to the provisions of Clauses (4) and (6) of Article (9) of the Decree-Law, the Ministry may exempt some workers from the not to grant a work permit pursuant to the following rules:

1. The worker has the essential skill, professional or knowledge in demand.

2. The worker residency visa is sponsored by his family.

3. The worker is a Golden Visa holder.

4. Any professional categories according to the needs of the national labour market that are determined by resolution of the Minister in accordance with the workers’ classification as approved by the Cabinet.”

In the UAE, employers should not collect recruitment and/or visa costs, directly or indirectly from an employee. This is in accordance with Article 6(4) of the Employment law which states, “The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly.”

Based on the aforesaid provision of the law, you may resign during your probationary period, as long as you comply with the applicable notice requirements based on your situation. However, it is important to note that your current employer may not demand payment for visa or recruitment expenses, whether directly or indirectly. If needed, you can contact MoHRE for further assistance or clarification.