An employee can resign during probation in the UAE. Article 9 of Federal Decree-Law No. 33 of 2021 expressly allows a worker to terminate employment during probation by giving written notice.
The required notice depends on whether the worker plans to leave the UAE or move directly to another UAE employer.
An employee may resign during probation in the UAE under Article 9 of Federal Decree-Law No. 33 of 2021. Probation cannot exceed six months from the appointment date and cannot be extended. A longer term in the contract is unenforceable, and probation is treated as completed after six months.
A worker leaving the UAE generally gives 14 days’ written notice. A worker moving to another UAE employer generally gives one month’s written notice, and the new employer typically compensates the original employer’s recruitment costs unless the employers agree otherwise or the cost is waived.
Failure to serve the required notice can make the employee liable for wages covering the notice period or its remaining portion. Salary and other final dues remain payable, but end-of-service gratuity does not normally accrue during probation.
How to Resign During Probation in the UAE
MOHRE has confirmed that a worker can terminate employment or move to another employer during probation by giving written notice. The employee should state the intended final working day and keep proof that the notice was delivered.
If the Employee Is Leaving the UAE
The employee generally must give 14 days’ written notice before leaving the country. There is no new employer involved in this notice obligation.
Leaving without the required notice can affect eligibility for a new UAE work permit for a period, in addition to the wage compensation that may be due for the unserved notice.
If the Employee Is Joining Another UAE Employer
The employee generally must give one month’s written notice. The new employer typically compensates the original employer for recruitment costs unless the two employers agree otherwise or the original employer waives the cost.
This employer-to-employer recruitment cost should be distinguished from the employee’s separate liability for failing to give the required notice.
Moving to a New Job Before Probation Ends?
Getting the one-month notice wrong, or leaving the recruitment-cost question unresolved between employers, can turn a clean move into a dispute. We can check your notice letter and the cost position before you hand it in.
What Happens If Notice Is Not Served?
If either applicable notice requirement is not met, the employee owes compensation equal to the wage for the notice period or the remaining unserved portion.
How Long Can Probation Last?
Probation is limited to a maximum of six months from the appointment date and cannot be extended. If a contract states a longer period, the extra period is unenforceable and probation is treated as completed after six months.
Already Left Without Serving Notice?
If the notice period wasn’t served, wage compensation can be deducted from what you’re owed, or claimed against you directly. We can tell you exactly what you’re liable for before the employer does.
Final Pay and Gratuity During Probation
- Wages remain due through the employee’s last working day.
- Other valid final settlement items remain payable.
- End-of-service gratuity does not normally arise because it accrues once probation has been completed and service qualifies.
Planning to resign during probation? A UAE employment lawyer from our team can review the destination, notice period, recruitment-cost issue, and final settlement.
Relevant Legal Services
An Employment Lawyer in Dubai can review the notice and work-permit position. A Contract Lawyer in Dubai can assess the employment terms, while a Litigation Lawyer in Dubai can advise if a dispute develops.
People Also Ask
An employee can resign during probation in the UAE, but the correct written notice depends on the next destination. Keeping written records and checking the final settlement can prevent avoidable disputes.
Ready to Resign During Probation?
Leaders Advocates reviews the notice period, the recruitment-cost position, and your final settlement before you hand in your resignation, so nothing is left to guesswork.
