Yes, you can resign during your probation period in the UAE. Nevertheless, there are certain regulations, measures, and legal factors, which you should learn about in order to undertake it. The UAE clear rules that govern resignation during this period will safeguard the rights of both the employer and the employee.
In this detailed guide, I will explain to you Can I Resign During the Probation Period in the UAE? and notice periods, termination charges as well as other crucialities you must know when thinking of resigning while in probation in the UAE.
Understanding the Probation Period in the UAE
Probation period is the trial period in the process where the employer and the employee get the opportunity to determine if they are a good fit for each other. In this period the employer is assessing your performance and you too are assessing whether the job meets your expectations. The probation period may take up to six months although this will depend on your employment contract.
Key Points about the Probation Period
- Duration: Normally up to six months but could be a shorter period depending on your agreement.
- Termination: However, the employment can be severed by either the employer or the employee with reasonable notice to the other during the probationary period.
Can You Resign During the Probation Period?
Yes, you have the right to resign during the probation period in the UAE. However, you must follow the guidelines set by the UAE Labor Law and your employment contract. Let’s break down the essential elements involved in this process.
Notice Period Requirements
Before giving out your resignation letter, you will expect a probationary period, during which you will have to give a notice to your employer. The notice period differs based on your situation:
1. Leaving the UAE
If you intend to exit the UAE upon resignation then there is mandatory 14 days notice even if it is of a non-working nature. This releases the employer to prepare and organise for anything in case you are needed to go through some formalities before you leave.
2. Switching Jobs within the UAE
In case you are changing your employer within the UAE the notice period is 30 days. This enables the employer time to look for another employee to join the firm together with the relevant paperwork to be processed.
Important Points:
- Be very clear on your resignation letter if you are planning to leave the UAE or if you are planning to look for another job within the country.
- It is required to serve the notice period and any legal repercussions regarding this often have legal repercussions or penalties.
Termination Charges and Deductions
In some cases, your employer may deduct a portion of your salary to cover recruitment and training costs if you resign during the probation period. However, this deduction is typically capped and cannot exceed one-third (1/3) of your monthly salary.
Why Are These Deductions Made?
- Recruitment Costs: Recruitment and training of employees are a significant cost, and valuable time is dedicated to finding and moulding new talent.
- Training Expenses: Some employers might have spent some money to train you for the particular job and the method ensures that the employer gets back a fraction of the amount spent.
What to Consider
- Check your employment contract for any clauses related to termination charges or deductions.
- In cases where an employer makes deductions, request for an explanation from them so that you understand too.
Visa Cancellation Process
The next step after choosing to resign is the cancellation of the visa. While it is one’s employer to start the process, you need to fulfill the requirements to avoid legal complications.
Steps Involved in Visa Cancellation:
- Employer’s Role: It is you employer that has the prerogative to start the process of cancelling your visa. It includes relinquishing your passport and your labor card to the government authority concern.
- Your Responsibility: Always obey your employer and if there is anything that your employer needs from you in terms of documents, then you should see that he or she gets it.
Important Points:
- Ensure that your visa is canceled before leaving the country or moving to a new job.
- Obtain a visa cancellation confirmation from your employer to avoid future complications.
How to Resign During the Probation Period in the UAE
If you’ve decided to resign, it’s essential to follow the proper steps to ensure a smooth transition.
Step 1: Submit a Written Resignation Letter
Your resignation letter should be clear and concise, stating your intention to resign and the effective date of your resignation.
Key Elements to Include:
- Your name and position
- Date of resignation
- Notice period you will serve
- Reason for resignation (optional)
Step 2: Serve the Required Notice Period
Stay put based on your circumstances if they allow (two weeks if resigning and planning to leave the UAE; four weeks if resigning and planning to stay and look for another job in the UAE). In this period also, keep professionalism and persist in executing your tasks.
Step 3: Cooperate with Exit Procedures
Support your employer with file documentation like cancelation of visa, repatriation, and recovery of your employer ‘s property and dues. This cooperation helps in the creation of the best strategies in order to make a seamless mode of exit without having to face any conflict.
Step 4: Obtain a No Objection Certificate (NOC)
A No Objection Certificate (NOC) is essential if you plan to obtain a new visa or work permit in the UAE. It though is not mandatory, an NOC can work to your advantage, particularly when searching for a new job or visa.
Additional Considerations When Resigning During Probation
1. Review Your Employment Contract
Controlling your probability to read about Your employment contract, might contain some special conditions of resignation during the probation period. Read It well to know the requirements like notice periods, the charges of termination and/or restrictive covenants like restraining from competition.
2. Understand UAE Labor Law
Such information will assist in explaining or interpreting employee rights, and obligations and duties and warrants that it contains sufficient information.
3. Seek Legal Advice
If you have any questions or fears related to a resignation during the probation period, speak with a labor lawyer in the UAE. You should consult a legal expert person in order to avoid breaking the law or not meeting specific regulations.
Conclusion
Probation period allows an employee to be dismissed without serving a notice but one must know the laws regarding this in UAE.To ease the process of leaving, it is advisable to respect the notice period, ascertain possible termination fees, and collaborate in the cancellation of visas and exit process.It is good practice to always read your employment contract and, in case of doubt about your rights, consult the UAE Labor Law or a lawyer.
Leaving a job is not easy, especially during probation, but doing it correctly will assist you in moving on to your next job in the UAE.
