Can my employer make me pay any comepnsation if I resigned after finishing my probation?

Dear Questioner,

Thank you for reaching out with your question regarding your resignation from your current employment in Dubai.

Based on the details you provided, here are the key points you need to consider:

Resignation during Probation Period: According to UAE labor law, during the probation period, either the employee or the employer can terminate the contract with the specified notice period mentioned in the employment agreement.

Since your contract requires a one-month notice period, you must adhere to this requirement to ensure your resignation is processed properly.

Caution Deposit: A caution deposit is usually taken by the employer as security against any liabilities or damages during your employment.

If no damages or claims exist, the employer is generally required to return this deposit once you resign. However, ensure you request a refund for this deposit formally, and keep track of any related communications.

If there are no outstanding issues, your employer should return the deposit at the time of your departure.

Compensation for Resignation: If your offer letter or employment contract does not mention any compensation clause upon resignation, you are generally not obligated to pay compensation.

However, if the company insists on compensation or additional costs, it would be advisable to clarify whether such claims are supported by the terms of your contract or if they are baseless.

Any claim for compensation should be outlined specifically in your agreement.

Employer Not Accepting Offer Letter: If the company refuses to accept your offer letter or acts in a way that seems inconsistent with the terms of your contract, it is essential that you formally submit your resignation in writing.

Clearly state that you are adhering to the contractual notice period and request the return of your caution deposit. Keep copies of all correspondence to protect your interests.

Legal Recourse: Should the employer refuse to accept your resignation, withhold the caution deposit unjustly, or demand compensation that is not stipulated in your contract, you have the right to seek assistance.

You can file a formal complaint with the UAE Ministry of Human Resources and Emiratisation (MOHRE), which will help resolve disputes and ensure your rights are protected under the UAE labor laws.

Steps You Should Take:

Submit Your Resignation in Writing: Submit a formal resignation letter adhering to the notice period as outlined in your contract (one-month notice).

Request Return of the Caution Deposit: Ensure that the company refunds your caution deposit unless there are legitimate claims for damages.

Clarify Compensation Terms: Since your offer letter does not specify compensation, you are not legally obligated to pay any unless stated in an additional agreement or clause.

Seek Legal Advice: If the company insists on compensation or refuses to accept your resignation or refund your caution deposit, you may want to consult further with legal experts or file a complaint with MOHRE.

Should you need any assistance with this process or further legal advice, feel free to reach out.

Best regards,

Mohammed Salah

Legal Consultant

Dear Inquirer,

Thank you for reaching out.

Based on your situation, if your employment contract specifies a one-month notice period and mentions a caution deposit, the company should not ask for any additional compensation unless explicitly stated in your contract.

If they are not accepting your offer letter or are asking for compensation outside the terms of the contract, this could potentially be a dispute.

We recommend that you consult a legal expert to review your contract and offer letter, clarify your rights, and ensure your resignation process is handled smoothly.

Please book a consultation with us at "Future Vision for Advocacy and Legal Consultancy" to receive professional legal guidance.

Best regards,

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp us.

Greetings,

Once you have served notice, they can not ask for such compensation unless you joined a new employer but for example, if you are returning to your home country there is nothing save returning back in 3 months time.

Best Regards

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

Based on your contract and UAE labor laws, you're only required to serve the one-month notice period after completing your 6-month probation.

Since your offer letter doesn't mention compensation for resignation, you're not obligated to pay any. The caution deposit is typically refundable upon completing employment.

Submit your resignation in writing, mentioning your notice period and last working day. If the company insists on additional compensation or refuses your resignation, politely remind them of your contract terms.

Ask for a written explanation of any extra demands. If issues persist, you can file a complaint with MOHRE for assistance.

As long as you follow your contract and UAE labor laws, you're protected from unfair treatment during your resignation.

You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.

Thank you,

ABDUL WAHIED

Thank you for reaching out regarding your resignation and the concerns you have with your employment contract.

Based on the information you’ve shared, it seems you are in a situation where your resignation falls under the probation period, and you are uncertain about potential compensation and the employer’s response.

Here are a few points to consider:

Probation Period & Resignation: Typically, a probationary period allows either the employer or employee to terminate the employment with minimal notice, usually in line with the terms set in the contract.

Since you’ve mentioned that your contract includes a one-month notice period, you should ensure that you provide the notice in writing and follow the process outlined in your contract.

Compensation & Caution Deposit: If your contract does not mention any compensation upon resignation, there generally would not be an obligation on the employer’s part to provide it, unless stated otherwise under applicable labor laws or company policies.

However, regarding the caution deposit, it’s important to ensure that the terms for its return or adjustment are clear. If the company is withholding it unjustly, you may have a legal right to claim it back.

Dispute Over the Offer Letter: If the company is refusing to honor your offer letter, it’s important to review the specifics of the contract and the offer letter.

If there’s a contradiction between the two, or if the employer is failing to follow the agreed terms, you may have grounds to challenge their position.

I recommend scheduling a consultation where we can review your employment contract and offer letter in detail, and I can guide you through your options based on the situation.

Please feel free to reach out to me via WhatsApp or email to discuss further.

I look forward to helping you resolve this matter.

Best regards,

Suhail Rana

Dear questioner

You are not required to provide any money unless it is mentioned in the MOHRE contract.

If you need further clarifications, kindly share your WhatsApp number.