Employees in Dubai undergoing their probation period can legally resign if they follow specific guidelines. However, certain rules govern notice periods, visa expenses, and future employment prospects.
Understanding the Resignation Process
Under the Federal Decree Law No. 33 of 2021, probationary employees can resign, but how they exit depends on their next steps:
- Changing Jobs within the UAE: Workers intending to join a new company must provide their current employer with a minimum one-month written notice. In addition, the new employer must cover recruitment and hiring expenses as per Article 9(3) of the Employment Law.
- Leaving the UAE: If the employee decides to leave the country altogether, they must serve a 14-day notice. Should they return and accept new employment within three months, the new employer will be responsible for reimbursing the original employer, following Article 9(4) of the Employment Law.
Employees who fail to comply with the official notice requirements face strict penalties. According to Article 9(5) of the Employment Law, the violating party must compensate the other party with an amount equivalent to the salary for the notice period or any remaining part of it.
Furthermore, failure to observe the correct process could lead to a ban on obtaining a new UAE work permit for one year, as stipulated in Article 9(6) of the Employment Law.
Situations Where Employment Bans May Not Apply
Certain categories of workers can avoid the one-year employment ban under specific conditions. As explained in Cabinet Resolution No. 1 of 2022, exemptions apply to:
- Workers holding key professional skills in demand within the UAE.
- Employees sponsored under family visas.
- Golden Visa holders.
These exemptions are designed to retain essential talent in the UAE workforce.
Are Employees Required to Pay Visa or Recruitment Costs?
The UAE labor laws clearly protect workers from bearing hiring-related expenses. According to Article 6(4) of the Employment Law, employers are prohibited from directly or indirectly charging employees for recruitment, visa processing, or related costs.If an employer demands such payments, employees have the right to seek assistance from the UAE Ministry of Human Resources and Emiratisation (MoHRE) to report violations and resolve disputes.Employees in Dubai have the right to resign during their probation period without paying for visa or recruitment fees, provided they follow the required notice periods. Compliance with labor laws not only protects workers’ rights but also ensures they avoid penalties such as employment bans. For any uncertainties, employees are encouraged to consult MoHRE for support or additional information.
