Questions & Answers
Repercussions of resigning during probation to take a better offer
I found a job in JLT a month ago and now I got a better offer from a Mainland company, which I want to accept their offer.
I am still on probation with a 2-year contract, but it clearly mentions that both parties can terminate the contract within the notice period.
So not sure if it's a limited or unlimited contract. Didn't inform the employer yet.
What will the process look like? Will I be banned? Should I pay a fee?
It seems as though you may be under a limited contract because of the fixed two-year term, however, I cannot be sure without reviewing your employment contract.
If you are in fact under a limited contract and wish to terminate your employment before the two-year expiry, then under the UAE Labour Law, you will be liable to compensate your employer for early resignation (not exceeding 45-days of salary), and your employer can place a ban against you which could be enforced for up to one year.
On the other hand, if you are under an unlimited contract and have fulfilled your probation period with the company, then you have the right to submit a resignation letter to your employer and serve your required notice period under your contract.
After serving your requisite notice period, you will not be banned from gaining employment elsewhere, nor will you be forced to pay any fees for your resignation.
However, if you are under probation with your current employer, having less than one year of service with the company, then the company has the right to file a labour ban against you for not fulfilling your probationary period.
But, you will not be liable to compensate your employer for early resignation.
If you need any further information or if you would like me to review your employment contract, please contact me directly at bw@elnaggarlegal.com.
