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Abu Dhabi, UAE

Getting a labor ban for resigning during the probation period

Hi,

Will I get a labor ban for resigning during my probation period?

I am under an unlimited contract for a private company in Abu Dhabi. Status amended on 10/01/2021. I passed a resignation on 08/06/2021.

This is my 1st contract with them as my 2nd job in the UAE. My 1st job was in Dubai and I completed 1+ years with them.

Hussain Lootah & Associates
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11 Jul 2021, 08:45

Dear questioner,

Article 128 of the UAE labor Law states:

“Where a non-national employee leaves his work without a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such employee or keep him in his service before the expiry of such period."

However, if the resignation is with mutual consent [after serving the required notice period], the ban is not applicable.

Further, as per the Ministerial resolution (1186) for 2010 Rules and Conditions of Granting a New Work Permit to an Employee after Termination of the Work Relationship in Order to Move from One Establishment to Another, the employment ban is not applicable if an employee fulfills the skill level and salary criteria in the new employment.

Regards,

Rajasree Ravivarma

11 Jul 2021, 09:14

Dear Maam,

What if the employer does not agree with the resignation? Does it mean there is no mutual consent?

Do I have to obtain their consent first before rendering my notice period?

I already submitted my resignation on 08/07/21 and they did not agree. They said that I am not allowed to leave until they find a replacement and I finish training the replacement.

It is just right that I am now rendering my 1 month notice and my last day working will be on 08/08/21?

Thank you!

11 Jul 2021, 10:28

Dear questioner,

I am quoting Article 129 of UAE labor law for your easy reference.

"A non-National, who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period."

The above can be interpreted as if an ex-pat employee under indefinite term serves the required notice period, he may take up another employment.

Further, as I mentioned above if you are fulfilling the skill level and salary criteria in the new employment, the ban may not be applicable.

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