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Dubai, UAE

Can the employee resign during the probation period with giving a notice?

Hello.

I am working in Dubai free zone, an outsourcing city for the last 3 months. I'm still on probation as our probation period is of 6 months.

I've got my Emirates ID. All the cost of the visa and ticket from Pakistan to Dubai was borne by my employer.

Now I want to resign from this job as I have got a job in another mainland company in Dubai.

So can I resign from there without paying any penalty or giving any notice to the company and join the new company?

It was written on our contract that "either party can terminate the contract without giving any notice during probation".

Please guide me.

Regards.

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Khalifa Bin Huwaidan Advocates & Legal Consultants
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8 Nov 2022, 04:22

Dear User,

According to the contract, an employee may terminate the employment contract during the probation period without giving notice period.

Under the UAE Labor Law, there is a 30-day notice period during the probation period.

But since you may follow your employment contract, the current employer may claim the costs of recruitment from the new employer, such as; visa costs.

But the employee shall not bear such costs (UAE Labor Law - Article 6).

Kind regards,

KHA Advocates

Laila Hamza Al Mulla Advocates and Legal Consultants
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8 Nov 2022, 04:54

Good morning,

You can check the new work and the old work and reach an agreement with both of them.

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Laila Hamza Al Mulla Advocates and Legal Consultants
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10 Nov 2022, 10:11

Yes, you can resign without notice.

But the condition of your new sponsor is that if the old sponsor requests the recruitment costs, he must pay them and explicitly stipulate this in the new contract.

10 Nov 2022, 10:11

We wish you good luck in the UAE.

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