Resigning During UAE Probation: Must You Repay Visa or Hiring Costs?

As new employees navigate the uncertainty of starting a job, understanding the probation period in the UAE is crucial.

According to the UAE’s Labour Law (Federal Decree Law No. 33 of 2021), the probation period allows employers to assess employee performance while also giving workers a chance to acclimate to their new roles.

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The probation period can last up to six months and cannot be extended beyond this timeframe. Employees are entitled to certain rights during this time, including:

1. Sick Leave: Employees can take unpaid sick leave but will not receive payment for the duration.
2. Annual Leave: Employees may request annual leave, but approval is at the employer’s discretion.
3. Notice Requirements: If an employer decides to terminate the contract during probation, a written notice of 14 days is required.
4. Resignation Notice: If resigning to join another company, employees must provide one month’s notice. If leaving the UAE, a 14-day notice is required.
5. Financial Obligations: Employees may be required to repay recruitment costs to their original employer if they resign during probation, unless otherwise agreed.
6. Labour Ban: Failing to serve the required notice could result in a one-year labour ban.
7. Exemptions: Certain employees, such as those with professional skills needed in the UAE, may be exempt from the labour ban.

These guidelines are designed to protect both employees and employers, ensuring a fair process during the initial employment phase.

Understanding these rights can help new workers navigate their early days in the UAE job market more effectively.

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