Q: I am under 6 months probation period. I want to quit my job desperately since I am unable to handle the work pressure. So will I get a ban or am I supposed to pay visa expenses to the company if I resign… A: You can resign during your probation period and you are not going to get a ban…

Dubai, UAE

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The legal effects of resigning during probation period

I am working as a trainee for an LLC company in Dubai since May 13, 2018, but I received my appointment letter as sales coordinator on June 2, 2018.

I got my company visa only in Aug 2018. Until August, I was working on my visit visa, since the company asked me to do so. Now, I am under 6 months probation period.

My job designation on the visa is Sales Executive even though I was appointed as Sales Coordinator. I want to quit my job desperately since I am unable to handle the work pressure.

I am handling the sales coordinator as well as executive job and office jobs at the same time, but I still didn't finish my probation period. My employment contract is unlimited.

So will I get a ban or am I supposed to pay visa expenses to the company if I resign before the completion of my probation period?

Will I have to serve notice period if I resign? Also, what will happen if I am terminated?

Please answer.

Naser Muhyealdeen

Hassan Al Riyami Advocates & Legal Consultants

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3 Nov 2018, 08:23

Hello

1. You can resign during your probation period and you are not going to get a ban

2. Visa expenses reimbursement is illegal by the company. Report to MOHRE if they try to claim money from you. You are not legally required to pay.

3. Notice period is to be served as per the terms of your appointment letter/labour contract and the clause therein. Some companies have a notice period of 1 week to 1 month so it depends on your documents.

4. If you are terminated then it would also be under terms of your contract. Under probation any party has the right to terminate the contract with notice as may be specified.

If you need more specific information you can write to us on advocate@alriyamiadvocates.com and set up a meeting at our office.

3 Nov 2018, 08:30

Sir,

in my appointment letter I have signed that if I resign or they terminate me, I will have to pay the visa expenses.

Will that be an issue?

3 Nov 2018, 08:51

That is technically illegal. Is your company a free zone or a mainland company?

3 Nov 2018, 09:41

I am working in LLC Company. But they also have the main warehouse in Jebel Ali Freezone.

3 Nov 2018, 09:44

Taking money from the employee shall be deemed to be in contravention of Article 60 of the Federal Law No 8 of 1980 Re: Regulation of Labour Relations which states:

"No amount of money may be deducted from a worker's wage in respect of private claims, except in the following cases:

1) Repayment of loans or money advances paid to the worker in excess of his entitlements provided that the amount deducted in this case shall not exceed 10 per cent of his wage.

2) Contributions that the workers are required by law to make from their wages, towards social security and insurance schemes.

3) The worker's contributions to a provident fund or repayment of loans due thereto.

4) Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department.

5) Fines imposed upon the worker for any offence he commits.

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