UAE jobs: Resigning before probation ends? Here's the notice period you still need to serve

Dubai: If your probation period is about to end and you plan to resign, can you avoid serving a notice period?

According to legal experts, the answer is no.

Under the UAE Labour Law, Federal Decree-Law No. 33 of 2021, employees who resign during probation are still required to serve a notice period, and the length of that notice depends on what they intend to do after leaving their job.

Article 9 of the UAE Labour Law sets out specific notice requirements for employees who resign during their probation period.

“If the employee resigns during probation to leave the UAE, they must give the employer at least 14 days’ written notice. However, if the employee resigns during probation because they intend to join another employer in the UAE, they must give at least one month’s written notice. The notice period [requirement] is not automatically waived simply because the employee is on probation,” Mohamed Elmasry, Senior Associate at Al Suwaidi and Company Advocates and Legal Consultants said.

He added that the law also places obligations on employers during probation – if an employer decides to terminate an employee during the probation period, they must provide at least 14 days' written notice.

This notice period requirement is applicable, even if you are resigning a day or two before your probation period is due to end.

“For example, if the employee’s probation period ends on June 30, but the employee resigns on June 28 or June 29, the resignation is still considered to have been submitted during the probation period. Therefore, the probation notice rules will apply. This means the employee must give 14 days’ notice if leaving the UAE, or 30 days’ notice if joining another UAE employer,” Elmasry said.

Hari Wadhwana, an Associate at Horizons & Co., said that even if an employee resigns during probation, the employer is still responsible for completing the visa cancellation process and settling any outstanding dues.

“The employer needs to cancel the visa and cannot charge anything on the employee. The only caveat is that if the employee resigns during probation, then the employer is entitled to claim recruitment costs from the new employer,” he said.

If an employee puts in his or her resignation close to the probation period deadline, they may end up serving for longer than six months, which is the maximum duration for a probation.

Does that entitle you to any additional rights at the time of leaving the company?

“End-of-service benefits only apply after one year of service, so that won’t apply in such a situation. However, the employer will have to provide the annual leave encashment to the employee, on a pro rata basis,” he said.