Many employees in the UAE mistakenly believe that a probationary period offers minimal protection or that they can resign immediately without consequence. In reality, Federal Decree-Law No. 33 of 2021 provides a structured framework for resignations during this time, and failing to follow these rules can lead to disputes, delays, or even labour bans.
Notice Period Requirements
Employees are fully entitled to resign during their probation, which is capped at a maximum of six months. However, they must adhere to specific notice periods based on their future plans
- Moving to another UAE employer: A minimum of one month’s written notice is required.
- Leaving the UAE: A minimum of 14 days’ written notice is required.
Salam Pappinissery, CEO of YAB Legal Services, notes that while employees are paid for all work completed up to their final day, they are not eligible for end-of-service gratuity, as this benefit requires at least one full year of continuous service.
Non-Compete Clauses and Financial Liability
Non-compete clauses remain enforceable if they were included in the original contract, provided they are reasonable in scope, duration, and geography, and serve to protect legitimate business interests like trade secrets or client lists. However, Pappinissery clarifies that such clauses become void if an employer terminates the contract unlawfully.
Regarding recruitment costs, the law places the burden on the new employer to compensate the previous one, unless both parties agree otherwise. Employees should not personally settle these costs, as the liability does not rest with them. However, workers must avoid resigning without the proper notice period, as this exposes them to a compensation claim equivalent to their wages for the unserved time.
Avoiding Common Pitfalls
The most frequent and costly error employees make is failing to submit a formal written resignation or ignoring the notice period entirely. Believing that probation allows for an immediate exit is a misconception that can lead to significant professional setbacks.
Skipping the notice period or departing the country without formal notification can trigger a one-year labour ban, complicating future work permit applications. The most secure approach is to resign formally in writing, strictly observe the required notice period—or pay in lieu of it if mutually agreed—and maintain thorough documentation of every stage of the process. The report also notes that the employee themselves does not typically have to pay anything directly to the former employer simply for resigning properly and giving the required notice, as for reimbursement.
Important Details
- The report also notes that can a company ask for car payments before they are due.
- The report also notes that can a manager claim company benefits after termination.
- The report also notes that get Updates on Topics You Choose.
- The report also notes that related Stories.
- The report also notes that revealed: When Dubai’s shared housing law kicks in.
- The report also notes that saudi Arabia deports more than 13,000 in one week.
Source: Gulf News
