Resigning during probation to take a better offer

Hello Sir,

It is presumed that your employment is subject to provisions of the Federal Law No 8 of 1980 on the Regulation of Labour Relations (the "Labour Law").

Pursuant to your question, it may be noted that an employer is within its rights to seek compensation from an employee who may resign before the completion of the contract period.

This is in accordance with the provisions of Article 116 of the Labour Law, which states:

"Where a contract is revoked by the worker for reasons other than those specified in article (121), he shall be required to compensate the employer for any prejudice the latter sustains as a result; provided that the amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract whichever is shorter unless the contract contains a provision to the contrary."

If you resign from your job during the probation period, you will not be entitled to any gratuity. Gratuity only kicks in once you complete a minimum of 1 year of continuous employment.

Even during the probation, an employee is required to serve a notice period of 1 month as per labour contract.

You may face an automatic ban by MOL depending on your designation and qualification. However, if you are under probation with your current employer, having less than one year of service with the company, then the company has the right to file a labour ban against you for not fulfilling your probationary period.

I trust you will find this helpful.

You can get in touch with me via phone or you can email me for further assistance and clarification.

Regards,

Mohammed Beakheet.