Q: I'm working in a company and I'm really not satisfied. I decided to go back to my country. 8 days left of the probation period. Is it possible to resign with 14 days of notice period? A: If you submit resignation during the probation period, you need to serve 14 days from the date of the notice…

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What is the notice period as per the new labor law if you want to resign during probation?

Dear Sir,

Good Morning.

Hope you're doing well.

Sir, I'm working in a company and I'm really not satisfied. I'm facing more problems. Therefore, I decided to go back to my country.

Now I'm in probation period. But only 8 days left of the probation period. So, is it possible to resign with 14 days of notice period?

Kindly help me.

Thanks in advance.

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Maryam Ali Saleh Hayyaz

Maryam Hayyaz & Wejdan Bushahab Advocates

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20 Jul 2022, 04:42

Dear Questioner,

Please refer to the new labor law (Federal Decree-Law no. 33 of 2021), whereas Article 9 clause 4 states:

"If the foreign worker wishes to terminate the employment contract during the probationary period, to leave the State, he shall notify the employer of the same in writing not less than fourteen (14) days from the date specified for the termination of the contract.

If he wishes to return to the State and obtain a new work permit within (3) three months from the date of departure, the new employer shall pay the compensation stipulated in Clause (3) of this Article, unless in case of an agreement between the worker and the original employer to the contrary."

If you wish to terminate the contract after the probation period, then as per the Article 43 clause 1 :

"Either party to the employment contract may terminate th e contract for any legitimate reason, provided that the other party is notified in writing and work shall be performed during the notice period agreed upon in the contract, provided that such period is not less than (30) thirty days and not more than (90) ninety days."

Regards

20 Jul 2022, 05:03

Thanks Madam.

But, my doubt is I have only 8 days left in my probation period.

So is it possible to resign with 14 days notice period?

Or I can resign only when there is at least 14 remaining probation period?

Kindly reply

20 Jul 2022, 05:15

As per the law, if you submit resignation during the probation period, you need to serve 14 days from the date of the notice, but only if you wish to leave the UAE.

If you will submit resignation after the end of the probation, you will need to serve 30 - 90 days.

Regards

20 Jul 2022, 05:25

Thanks.

It means if I resign even 2 days before of the end of probation period, I want to serve only 14 days and can leave the UAE. Right Madam?

20 Jul 2022, 05:52

If you have only 8 days till the end of probation, we suggest you to submit the resignation now.

Regards

20 Jul 2022, 05:59

Ok Madam. Thank you so much.

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