Employees working in Dubai under a probationary period have the legal right to resign, but specific procedures govern how the process must be handled — particularly regarding visa and recruitment costs.
Key Rules for Resignation During Probation
According to the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, employees are allowed to resign during their probation period. However, the conditions vary based on whether they intend to stay in the UAE or leave.
- If switching employers: An employee who plans to move to a new employer must provide a one-month written notice to their current employer. Additionally, the new employer must reimburse the current employer for recruitment and employment costs, as outlined under Article 9(3) of the Employment Law.
- If leaving the UAE: An employee intending to leave the country must submit a 14-day written notice. Should they return and accept new employment within three months, their new employer must compensate the previous employer for hiring expenses, in accordance with Article 9(4) of the Employment Law.
Non-compliance with the required notice period can result in financial and career consequences. Under Article 9(5) of the Employment Law, the breaching party must pay compensation equivalent to the salary due for the notice period or the remainder thereof.
Moreover, if an employee departs the UAE without adhering to the stipulated resignation procedures, they may face a one-year employment ban, as per Article 9(6) of the Employment Law.
Exemptions from Employment Ban
Certain categories of workers may be exempt from the one-year employment ban. As detailed in Cabinet Resolution No. 1 of 2022, exemptions apply to:
- Employees with essential skills or professions needed in the UAE labor market.
- Employees sponsored under a family visa.
- Holders of a Golden Visa.
These exemptions ensure flexibility for skilled professionals and specialized workers in high-demand sectors.
Responsibility for Recruitment and Visa Costs
Under Article 6(4) of the Employment Law, employers are strictly prohibited from charging employees any fees for recruitment or visa processing, either directly or indirectly.
Employees asked to pay such costs are advised to report the matter to the UAE Ministry of Human Resources and Emiratisation (MoHRE) for appropriate action.Employees in Dubai may resign during probation by adhering to proper notice periods and legal formalities. They are protected from bearing visa or recruitment costs, ensuring fair labor practices. For further assistance or clarification, employees can contact MoHRE or review official UAE employment guidelines.
