Questions & Answers
Do I have to pay any charges to my employer if I resign during probation?
Hi
I am an expatriate and I handed in my 30-day notice during my probation period with my current employer.
They have requested that my new employer pays the compensation for recruitment and visa costs due to the fact I am still in my probation period.
However, there are no stipulations in my contract about reimbursement of any costs undertaken by my new employer if I resigned during my probation.
I realize that under Article 9 Section 3 of the Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations states that:
"... the new Employer shall undertake to compensate the current Employer for the costs of recruiting the Worker unless otherwise agreed."
However, I am wondering if this applies in my case if it has not been specified in my contract or any other documentation that I have signed.
Extra context, it is stated in the free zone employment handbook - but again this was not disclosed in any contract that both my current employer and I have signed.
Thank you.
The employer has the right to request compensation from the new employer for the costs of recruitment if this condition is stated in the employment contract.
If it does not exist, he is not entitled. But your contract must be reviewed first by the legal advisor because the answer may differ after reviewing it.
