Quitting During Probation: UAE Employment Insights

Do You Owe Visa or Recruitment Fees if You Quit During Probation?

Many people working in Dubai, especially those still within their probation period, ponder the legal implications of resigning early. One of the most common questions is whether employees are required to reimburse visa or other recruitment costs if they decide to leave during their probation period. In this post, we detail the current regulations in the UAE.

Is Quitting During Probation Legal?

Under UAE law, employees are allowed to resign during their probation period. However, certain rules must be followed, depending on whether the employee wants to move to a new employer after resigning or leave the country altogether.

If the employee wants to join a new company in the UAE, they must serve a one-month notice period to their current employer. In this case, the new employer is required to reimburse the current employer for the recruitment and employment costs. This process is regulated by the Federal Decree Law No. (33) of 2021, Article 9, clause (3).

What Happens if Someone Leaves the UAE?

If the employee decides to leave the UAE, they must provide a 14-day notice period to their current employer. In this situation, they cannot work in the UAE for at least three months. If they choose to return within the three months and accept a new job, the new employer must repay the previous employer the recruitment costs.

This process is governed by Article 9, clause (4) of the Federal Decree Law No. (33) of 2021.

Consequences of Breaching the Notice Requirement

If the employee does not adhere to the required notice period, they are obliged to compensate the other party with an amount equivalent to their salary for the remaining notice period, or its proportionate part. This obligation is outlined in Article 9, clause (5) of the law.

Moreover, if someone leaves the country without proper notice, they cannot obtain a new work permit in the UAE for one year. This penalty is regulated by clause (6) of Article 9.

Exceptions: When Does the Employment Ban Not Apply?

In certain cases, employees can be exempted from the one-year employment ban. This includes those who:

Possess sought-after professional or academic qualifications,

Reside in the UAE under family sponsorship,

Are holders of a golden visa,

Or belong to professional categories determined by national labor market needs.

These exceptions are regulated by the Cabinet Resolution No. 1 of 2022, Article 11.

Do Employees Have to Pay Visa or Recruitment Costs?

UAE laws explicitly prohibit employers from charging employees for visa or recruitment costs, either directly or indirectly. Article 6, clause (4) of the Federal Decree Law No. (33) of 2021 states that employers cannot transfer these costs to employees.

This means that if an employee resigns during their probation period—whether to take a new position or leave the country—the current employer cannot demand reimbursement for visa or recruitment costs.

Conclusion

Employees in Dubai can resign during their probation period but should be careful to adhere to the notice regulations. Those wishing to work at a different company must provide a one-month notice, while those leaving the country must give 14 days. Payment of visa and recruitment costs is not the employee's responsibility.

(Source of the article: MoHRE announcement.)