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Dubai, UAE

Resignation during the probation period to take another offer

Hi Ahmad,

I hope you're doing good.

I'm contacting you through https://legaladviceme.com/.

My Query is: I'm under a probation period of 6 months with a company based in DMCC, JLT, Dubai. I have an offer letter from a company based in Mainland Dubai.

If I resign from my current employer and accept the offer in the mainland, will there be a chance of any ban or penalty?

Thank you.

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Elnaggar & Partners
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28 Apr 2019, 06:47

Dear Questioner,

I assume from your message that the probation period is still going and you want to resign before it lapses. And now you would like to resign to join another company outside the free zone.

Please note that the termination of employment by way of resignation is usually regulated by two main sources of articles.

The first one would be the articles of the UAE Labor Law, and the second one would be the articles of your offer letter, and the employment agreement signed between you and your current employer.

So, you must consider and understand the articles and terms that you have signed to review and analyze before you make the resignation decision and submit it in writing.

Answering your question, whether you may get a labour ban if you resign from a job in a DMCC company, please note that there is no ban applicable simply because the DMCC employees are not registered with the Ministry of Human Resources and Emiratization, which is the only authority that has the right to impose such a ban.

Answering your question, whether there will be penalty resulting from your resignation, we can only answer this question after reviewing your employment contract and offer letter and whatever documents that you signed between you and your employer regulating your relationship.

If you wish, we can advise you further after reviewing your employment agreement.

Best regards,

Ahmed Elnaggar

ae@elnaggarlegal.com

www.elnaggarlegal.com

28 Apr 2019, 07:39

Hi Ahmad,

Thanks for the reply.

I think you've answered the question. I have signed nothing which can help the employer to impose a ban.

Thank you.

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