Can I resign during the probation period and return to home country?

Dear Questioner,

Thanks for contacting me.

I am not sure what is the reason for the resignation. If the reason is unpaid salaries or any other violation of the terms of the employment contract by the employer you may resign from the job citing the same reason.

As per Article 121 of UAE labour law, you have the right to resign if the employer is not upkeeping his obligations as per the employment contract.

A worker may abandon his work without notice in either of the following cases:

1. If the employer fails to honour his obligations towards the worker, as provided for in the contract or in this Law.

2. If he is assaulted by the employer or the employer's legal representative.

Salary is one of the important obligations of the employer.

Further, please note that your employer has no right to retain your passport for whatsoever reason.

As per Article 116, you shall compensate the employer if the reason for resignation is not coming under Article 121.

Art. 116 states that "Should the contract be rescinded by the worker for causes not set forth in Article 121, the worker shall be bound to compensate the employer for the loss incurred thereto by reason of the rescission of the contract, provided that the amount of compensation does not exceed the wage of half a month for the period of three months, or for the remaining period of the contract, whichever is shorter unless otherwise stipulated in the contract."

If the resignation is due to the reason mentioned under Article 121, you are not required by law to pay compensation to the employer. In that case, you shall mention the same as the reason in your resignation letter.

Regards,

Rajasree Ravivarma