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Does UAE labor law require a notice period for resigning during probation?

Dear Lawyers,

I was employed by a private company during a six-month probation period ending on July 11, 2024. On July 1, 2024, I submitted a resignation letter with the intention of providing a notice period until July 26, 2024.

However, my employer refused to accept the notice period and stated that I am only obligated to work until the end of my probation. They are requiring me to pay for the visa expenses incurred during my employment before they will cancel my visa.

My offer letter specifies that the first six months are considered probationary, allowing both parties to terminate the contract without notice or liability. However, the offer letter also mentions adherence to UAE labor law.

I have the following inquiries:

- Notice Period During Probation: Does UAE labor law require a notice period during probation, even if the offer letter states otherwise?

- Visa Expenses Liability: Am I legally obligated to pay for the visa expenses incurred during my probationary period when I resigned?

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KHE Legal Consultancy
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3 Jul 2024, 07:49

Hello,

While your offer letter mentions no-notice termination during probation, UAE law mandates a 14-day notice from either party.

Since you resigned on July 1st, you've fulfilled the 14-day requirement by your probation end date. You're also not liable for visa costs during probation if you resign.

The employer covers these if they terminate during probation. Review your offer letter and contact MOHRE to file a complaint.

For further clarification, kindly share your WhatsApp number.

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Badr Legal Consultants
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4 Jul 2024, 11:56

During probation, if an employee wishes to terminate and join another company, they must provide 30 days' notice, and the new employer must compensate the old employer for recruitment and employment fees.

If the employee plans to leave the country, they must provide a 14-day notice.

If the employee intends to work for another employer during the 6-month probation period, UAE law mandates that the new employer compensate the old employer for any visa fees incurred.

Badr Legal Consultants

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