Can I Resign During the Probation Period in the UAE?

Yes, you can resign during your probation period in the UAE. Nevertheless, there are certain regulations, measures, and legal factors that you should learn about to undertake it. The UAE has 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.

Probation Period in the UAE

The 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: This can, however, be terminated by either party during the probationary period, reasonably terminating the employment, giving notice to the other.

Can You Resign During the Probation Period?

Yes, you are also entitled to resign during the probation period in the UAE. But you should comply with the recommendations of the UAE Labor Law and the employment contract. To get an understanding of these basics, let us have a breakdown of the elements involved.

Notice Period Requirements

Before giving out your resignation letter, you will expect a probationary period, during which you will have to give 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 a mandatory 14-day 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 in 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 other instances, your employer can deduct a certain percentage of your salary to offset hiring and training fees if you flee the job before the probation period expires. This transgression is, however, usually limited and cannot be more than a third (1/3) of your monthly salary.

Why Are These Deductions Made?

• Recruitment Costs: Recruitment and training of employees are significant costs, 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 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 your employer’s responsibility to start the process, you need to fulfill the requirements to avoid legal complications.

Steps Involved in Visa Cancellation:

1. Employer’s Role: It is your 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 concerned.
2. 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:

• Be sure that you cancel your visa before you leave the country or take a new job.
• Get an employer a cancellation notice of appointment visa to prevent future issues.

How to Resign During the Probation Period in the UAE

When you have made up your mind on the need to resign, you should do the right steps to enable a smooth transition.

Step 1: Submit a Written Resignation Letter

Your resignation letter should be concise and to the point, stating that you want to be taken as resigned and the date on which your resignation will be effective.

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 cancellation 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)

In case you intend to apply a new visa or work permit to the UAE, then you must have an objection certificate (NOC). It is not a compulsory requirement, but having an NOC may serve one well especially in terms of looking into a new job or a visa.

Additional Considerations When Resigning During Probation

1. Review Your Employment Contract

Controlling your probability to read about your employment contract, which 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 the UAE Labor Law

Such information will assist in explaining or interpreting employee rights, obligations, and duties, and warrants that it contains sufficient information.

3. Seek Legal Advice

In case you want to know any doubts or fears with respect to a letter of resignation during probation, talk to a labor lawyer in UAE. You ought to get in touch with a law advisor in order to avert violating the law and failing to comply with certain standards.

FAQs

1. Is it possible to resign on probation in the UAE?

Of course, you have to furnish notice (14 days or 30 days).

2. What are the rules of probation in the UAE?

Be aware of and obey visa regulations.

3. What happens in the case of a resignation before 6 months?

Maybe- employers can deduct some expenses

4. Is there a way out of Inactive before the probation is finished?

It will, but it can interfere with visa and employment opportunities.

Final Words

Probation period enables an employee to be relieved without placing a dent in the form of notice; still, it is necessary to know the applicable laws in this case in the UAE. To facilitate the leaving process, one should observe the notice period, find out whether there are termination charges, and cooperate on visas cancellation and departure. You should always read your employment contract, and in case of uncertainty of your rights, refer to the UAE Labor Law or a lawyer.

Quitting a job is not simple, particularly to those who are on probation, but a clean exit will help you to the next job in the UAE.