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Probationary Employment and Resignation: UAE Legal Guidelines for Firing or Quitting Within Six Months

Enacted rules safeguard an employer's interests, boosting labor market adaptability, commercial advantage, and streamlined business operations.

UAE Probationary Employment: Legalities and Consequences of Resigning Within the First Six Months
UAE Probationary Employment: Legalities and Consequences of Resigning Within the First Six Months

In the United Arab Emirates (UAE), employees must adhere to specific rules when resigning during the probation period to avoid penalties and labour bans. The UAE's Federal Decree-Law No. (33) of 2021 on the Regulation of Employment Relationships outlines these regulations, which apply to all employees, regardless of nationality or industry1.

Firstly, it is important to note that the probation period cannot exceed six months1. If an employee wishes to resign to join another employer within the UAE, they must notify their current employer at least one month in advance or alternatively compensate the employer with an amount equivalent to the employee’s wage for the notice period or the remaining part of it13.

However, if the employee wants to resign during probation to leave the UAE entirely, they must give a minimum of 14 days’ notice or compensate the employer for the corresponding notice period15. Failure to comply with this 14-day notice or compensate accordingly can result in the employee being banned from obtaining a UAE work permit for up to one year from the date of departure15.

The probation period serves as a mutual assessment phase for both employer and employee; during this time, shorter notice requirements apply but must still be respected7. The employer can also claim recruitment cost compensation from the new employer if the employee changes jobs during probation13.

The UAE's regulations for resigning during the probation period aim to balance protection of employer rights with labour market flexibility. The UAE Ministry of Human Resources and Emiratisation (MoHRE) has recently shared these regulations8.

Key points summarized:

  • Probation period duration: maximum 6 months.
  • Resignation to join another employer: 1-month notice or wage compensation.
  • Resignation to leave UAE: 14 days’ notice or wage compensation.
  • Penalty for not complying: 1-year ban on UAE work permits.
  • Employer can claim recruitment cost compensation from the new employer if employee changes jobs during probation13.

These regulations apply to both domestic and international employees and are an important aspect of the UAE's labor laws. Anyone considering leaving a job during their probationary period should take these regulations into consideration. For more information, refer to the UAE's Federal Decree-Law No. (33) of 2021 on the Regulation of Employment Relationships1.

  1. In the realm of news, the UAE's Federal Decree-Law No. (33) of 2021 is a significant development in labor relationships, outlining specific rules for employees during the probation period.
  2. The sports industry, as well as other sectors, should pay attention to the UAE's regulations, as these rules apply to all employees, regardless of their nationality or industry.
  3. For those interested in finance and business, it's crucial to know that employers can claim recruitment cost compensation from the new employer if an employee changes jobs during the probation period.
  4. In the context of lifestyle and relationships, it's essential for individuals to understand the consequences of resigning during the probation period, as failure to comply with the rules can lead to a ban on obtaining a UAE work permit for up to one year.

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