Key Takeaway
Employees in Dubai can legally resign during probation but must follow specific notice periods: one month if joining another UAE employer (who must compensate the original employer for recruitment costs) or 14 days if leaving the UAE. Employers cannot charge employees for visa or recruitment costs under UAE labour law.
Are you currently on probation with a mainland company in Dubai and considering resignation? Understanding your rights and obligations is crucial before making this career move.
Can You Resign During Probation in the UAE?
Yes, employees in the UAE are legally permitted to resign during their probationary period. However, the process differs based on your future plans.
If You’re Moving to Another UAE Employer
When resigning to join another company within the UAE during probation:
- You must provide written notice to your current employer at least one month before your intended departure date
- Your new employer must pay compensation to your current employer for recruitment and employment costs
This requirement is clearly outlined in Article 9(3) of Federal Decree Law No. 33 of 2021 on Employment Relations Regulations, which states:
“An employee who intends to move on to another employer in the UAE during the probationary period shall notify his current employer in writing at least one month before the date on which he intends to terminate the contract, and unless agreed otherwise, the new employer shall compensate the first employer for recruitment or contract costs.”
If You’re Leaving the UAE
The process differs if you plan to resign and exit the UAE:
- You must provide a 14-day written notice to your employer
- You cannot accept new employment in the UAE for 3 months after departure
- If you return within this 3-month period for new employment, your new employer must compensate your previous employer for recruitment costs
Article 9(4) of the Employment Law confirms this procedure:
“A foreign employee wishing to terminate the employment contract during the probationary period in order to leave the UAE shall notify his employer in writing at least 14 days prior to date determined for termination of the contract. If the employee wants to return to the UAE and obtains a new work permit within three months from the date of his departure, the new employer shall pay the compensation stipulated in paragraph (3) above, unless agreed otherwise by the employee and the original employer.”
Consequences of Not Following Notice Requirements
Failing to adhere to the required notice periods can result in serious consequences:
- You may need to pay compensation equal to your salary for the notice period
- You could face a one-year employment ban in the UAE
Article 9(5) addresses compensation requirements:
“If either party terminates the employment contract without complying with the provisions of this article, he shall pay the other a compensation equal to the employee’s salary due for the notice period, or the remainder thereof.”
While Article 9(6) covers the potential ban:
“A foreign employee who leaves the UAE without complying with the provisions of this Article shall not be granted a work permit to work in the UAE for a period of (1) one year from the date of his departure.”
Exemptions from Employment Ban
Certain categories of workers may be exempt from the one-year employment ban if they fail to follow resignation guidelines. According to Article 11 of Cabinet Resolution No. 1 of 2022, these exemptions apply to:
- Workers with essential skills, professional abilities or knowledge in demand
- Workers whose residency visa is sponsored by family
- Golden Visa holders
- Other professional categories determined by ministerial resolution based on national labour market needs
Do Employees Need to Pay for Visa or Recruitment Costs?
A critical point for employees to understand: employers cannot legally charge you for visa or recruitment costs when you resign, even during probation.
Article 6(4) of the Employment Law explicitly prohibits this practice:
“The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly.”
Getting Help with Your Resignation
If you’re facing challenges with your resignation process or believe your employer is violating labour laws by demanding visa or recruitment fees, you can contact the Ministry of Human Resources and Emiratisation (MoHRE) for assistance and clarification.
Conclusion
Understanding the legal framework surrounding resignation during probation gives you the confidence to make informed career decisions in the UAE. While you have the right to resign during your probation period, following the proper procedures will help you avoid complications and maintain your professional standing in the UAE job market.
For personalised advice about your specific situation, consulting with a legal professional specialising in UAE labour law is recommended.
Last updated: April 2025
This article is for informational purposes only and does not constitute legal advice.
JobXDubai 
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