Resignation during probation for the non-payment of salaries

Question

Q: I joined this company. Still within my 6 months' probation. Last 4 months' salaries are pending. Is there any need for a notice period or I can leave immediately? A: The employee, has the right to terminate it with immediate effect, as long as that termination was during the probation period…

Sherif M. ElKhatib · Accepted Answer

Dear Nikhil,

With reference to your inquiry, kindly be informed that as per the given info, you have the full right to resign on the grounds of salaries' non-payment.

That itself is the strongest ground for your immediate resignation. This is on one hand.

On the other hand, as per the Law, there's nothing called a Notice Period during probation, which means that whoever wants to terminate the employment relationship, whether the employer or the employee, has the right to terminate it with immediate effect, as long as that termination was during the probation period.

And as per the given scenario, you shall not face any legal consequences in any way whatsoever, especially that the employer has been in breach of his main/basic obligation, for 4 months so far.

And in all ways, you have the right to file the necessary labour complaint, so as to recover all the late salaries.

Wishing you the best.

Kind regards,

Sherif M. ElKhatib

+971 505050 835

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