Can an employee leave without notice during probation if the salary is delayed?

Hello,

According to the UAE Labour Law, your understanding is correct. Federal Decree-Law No. (33) of 2021, Article (45) states:

Article (45) Cases of the Worker Leaving Work Without Notice:

The Worker may leave the work without notice while retaining his rights upon the end of service in any of the following cases:

1. The Employer’s breach of his obligations towards the Worker stipulated in the contract, this Decree-Law or the Resolutions issued for its implementation, provided that the Worker has notified the Ministry of the breach at least (14) fourteen working days prior to leaving work, and the Employer’s failure to remedy the same despite being notified by the Ministry.

2. If it is proven that the Employer or his legal representative assaulted the Worker, or if the Worker was subjected to violence or harassment during work, provided that he informs the concerned authorities and the Ministry within (5) five working days from the date on which he is able to report.

3. If there is a serious danger in the workplace that threatens the Worker’s safety or health, provided that the Employer is aware of its existence and does not take any action that indicates its removal, and the Implementing Regulation of this Decree-Law shall determine the controls of the serious danger.

4. Assigning the Worker to perform a work fundamentally different from the work agreed upon in the employment contract, without obtaining the Worker’s written consent, except in cases of necessity as per the provisions of Article (12) of this Decree-Law.

Therefore, if the employer fails to pay salary for more than 60 days, this constitutes a breach of obligation, and the employee may legally leave without notice after informing the Ministry.

Regarding probation, Article (9/3) of the same law provides:

Article (9) Probationary Period – Paragraph 3:

In case the Worker wishes to move, during the probationary period, to work with another Employer in the State, he shall notify the original Employer in writing at least one month before the date he wishes to terminate the contract, and the new Employer shall compensate the original Employer for the costs of recruitment or contracting with the Worker, unless otherwise agreed between the Worker and the original Employer.

However, this obligation applies only to a regular transition during probation. Suppose the resignation is justified under Article (45) due to the employer’s breach (such as non-payment of salary for more than 60 days). In that case, the responsibility for recruitment and visa costs cannot be shifted to the employee or the new employer, because Article (6) of the same law states:

Article (6)

It shall not be permitted to charge the Worker with any costs or expenses of recruitment and employment.

In conclusion, if the employee leaves during probation because the employer has not paid salaries for over two months, and this is reported to the Ministry under Article (45), the departure is legally justified. The previous employer cannot recover recruitment or visa expenses from either the employee or the new employer.

Yes, you're right. An employee has the right to terminate their employment without notice in the UAE if there is a delay in salary payment for two consecutive months as a legitimate reason for dismissal.

However, a former employer cannot recover recruitment costs from a new employer unless there is a prior compensation agreement between the two parties, according to UAE Labor Law [2, 7].

In the UAE, if an employee’s salary is not paid for more than 2 months, this is considered a breach of contract by the employer under the UAE Labour Law (Federal Decree Law No. 33 of 2021). In such cases, the employee may resign without serving the notice period and can join another company immediately.

Regarding your second question, the previous employer cannot legally recover recruitment or visa expenses from the new employer. These costs are considered part of the employer’s obligations under the law, and the new company has no liability towards the old employer for such expenses.

The only scenario where an employer may claim damages is if the employee resigned without justification and in violation of contract terms — but in your case, non-payment of salary is itself a valid justification.

So to summarize:

Yes, if salaries are delayed beyond 2 months, the employee can resign without notice.

The previous employer cannot claim recruitment/visa costs from the new employer.

It would be advisable to prepare and document the resignation properly to avoid any labour ban or disputes. I can assist you in drafting the resignation letter and, if necessary, in addressing any potential complaint before MOHRE to protect your rights.

You may contact me directly on WhatsApp or phone at [-----------] so I can guide you step by step.

Dear questioner,

Under UAE labor law, an employee has the right to resign without a notice period and still be entitled to their end-of-service benefits if the employer fails to meet their contractual obligations.

Before resigning, it is crucial to file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). This formalizes the unpaid salary issue and creates a record that protects your rights.

In your scenario, the previous employer cannot legally demand reimbursement for recruitment and visa expenses from either you or your new employer.

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