Employment Transfers in UAE During Probation: Understanding Four Crucial Regulations
In the United Arab Emirates (UAE), the Ministry of Human Resources and Emiratisation (MOHRE) sets the regulations for the transfer of employees during the probationary period. Here's what you need to know.
When an employee wishes to terminate a contract during the probationary period, they must notify their employer 14 days in advance or provide equivalent compensation. Failure to comply may result in denial of a new work permit for a year.
Employees who terminate a contract during probation may potentially be required to repay visa or hiring costs. For more information on this topic, you can read our related article, "Do you have to repay visa or hiring costs if you resign during probation in the UAE?"
Non-compete clauses in the UAE are designed to protect legitimate business interests, but they must not unduly harm workers' rights. Employers are entitled to protect trade secrets under non-compete clauses, but the conditions must be specific, proportionate, and clearly define geographic scope, duration (no longer than two years), and type of work.
If an employer terminates the contract unlawfully or fails to meet legal or contractual obligations, the non-compete clause will not apply. Disputes over non-compete clauses will be referred to the courts, with the burden of proof resting on the employer.
Workers who wish to switch jobs must give at least one month's notice to their current employer or compensate them with an amount equal to the wage for the notice period or any remaining portion of it. The original employer may seek reimbursement from the new employer for recruitment and contracting costs.
Parties in the UAE may agree in writing to waive the non-compete clause after the contract ends. The law and its executive regulations allow both parties to amend the employment contract, provided the worker and employer agree, all dues under the original contract are settled, and official procedures are followed.
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