Questions & Answers
Implications of resignation after being terminated and rehired on probation
Hi
I worked for 9 years in a company and got cancelled for COVID-19 reason then after a month they rehired me. I have an unlimited contract.
Question 1: I am under probation period for 6 months and during the probation period I want to resign to get another job. Is there a ban?
Question 2: Is there a need to give a notice period?
Dear questioner,
Firstly, I must highlight the general rules for the labour ban, probation period, and notice period.
The ban can be imposed against the employee when he does not comply with the provision of the UAE Labor Law (and the related resolutions), such as not complying with the notice period, is responsible for any violations as per article 120 of the UAE Labor Law, not complying with the terms and conditions as per the employment contract... etc.
Secondly, an employee cannot be placed on a probation period with the same employer twice, as clearly mentioned in article 78 of the UAE Labor Law.
Lastly, the notice period should be given as per the provisions of your employment contract. If it is not mentioned thereon or is against the law, only then will the labour law provisions become applicable.
The rules mentioned above are general rules, and they may not become applicable in your particular situation.
A professional should study your employment contract and all other paperwork related to your employment to advise you accordingly.
Should you require further advice, you may email me.
