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Leaving a company during the probation period: What are the obligations?

Asalamo Alaikum,

I want to ask if an employee can leave a company during their probationary period to work for another company, and what their obligations would be.

Do they have to give one month's notice, or can they leave immediately?

Thanks!

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Amiri Advocates & Legal Consultants
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5 Jul 2023, 19:22

Dear Questioner,

Do you want to fire him, or is he resigning?

5 Jul 2023, 19:24

He wants to resign.

5 Jul 2023, 19:28

He shall send you a notice of resignation within the period stipulated in the contract.

He (or his new employer) must pay for the visa and residence costs and you have the right to waive all of that.

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Khalifa Bin Huwaidan Advocates & Legal Consultants
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6 Jul 2023, 04:34

Dear Questioner,

According to the UAE Labour Law, if an employee wishes to resign to work for another company, he must notify the employer in writing and serve not less than a one-month notice period.

The new employer must compensate the original employer for the cost of recruitment or contracting with the worker unless otherwise agreed upon.

Regards,

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Maryam Hayyaz & Wejdan Bushahab Advocates
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6 Jul 2023, 21:48

Dear Muhammad Awais,

As per the Federal Decree-Law No. (33) of 2021 on Regulation of Labor Relations:

Article 9 on probationary period:

If the worker wishes to move during the probationary period, to work for another employer in the State, he shall notify the original employer of the same in writing within not less than one month from the date of his wish to terminate the contract or according to what was established in the contract.

Then, the new employer shall compensate the original employer for the costs of recruitment or contracting with the worker, unless otherwise agreed upon.

Thank you

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KHE Legal Consultancy
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7 Jul 2023, 07:23

According to the prevailing labor law, he has to serve a 14 days notice if he leaves during probation.

If he is going to work with another employer, the new employer may be obliged to pay the cost of recruitment to the previous employer.

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