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Abu Dhabi, UAE

Resigning during probation and accepting another job

Hello Ma'am!!

I am a Chartered Accountant by profession. I have resigned during my probation period in Abu Dhabi. I am on a limited contract of two years.

My current employer is willing to relieve me and asking me to put the paper mentioning "I want to go back to India".

Fortunately, during probation only I've figured out another job, cracked the interview & the other employer has offered me a job. So is there any labour ban applicable in such a scenario?

After resigning, do I have to go back to India or I can join the new company?

I will be serving a notice period of 30 days as well as 45 days of compensation as mentioned in my limited contract.

It would be great Ma'am if you can assist me as it's a question of my future.

Kochhar & Co Inc. Legal Consultants (Dubai Branch)
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26 Dec 2019, 10:42

Under the new ministerial rule, be it limited or unlimited contract, either party can terminate the contractual relation provided the notice is served and completed as per the contract and compensation paid (maximum three months).

But if the employer wants, he can impose a ban which will commence when you exit the UAE.

The ban is subject to your skills and qualification which I cannot confirm will be applicable for your profession.

The employer cannot force you to leave the UAE and you can let him know that you want to apply for a transfer visa.

26 Dec 2019, 11:12

Thank you so much, Ma'am, for your prompt assistance.

So meanwhile I can join another company in the UAE after serving a notice period & compensation. Would it be ok?

Are there any legal complications?

26 Dec 2019, 11:16

You cannot join without a visa and employment contract. and if there is a ban you cannot be on any company's visa.

26 Dec 2019, 11:21

What are the prerequisites to apply for transfer visa? Can my new employer apply on behalf of me?

26 Dec 2019, 11:22

Yes, they can and you will know if there is a ban or not.

26 Dec 2019, 11:31

Ok.

Thank you!!

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