In Dubai: Does an Employee Bear the Expense of Visa and Hiring When Leaving During Probationary Period?
In the United Arab Emirates (UAE), employees have the right to resign during their probation period, but it's essential to follow specific legal requirements and procedures. Here's a breakdown of the key aspects to consider:
1. **Resignation during probation:** You can resign during your probation period, but you must provide written notice. The length of the notice can vary, ranging from one day, one week, or one month, depending on the regulation.
2. **Notice period:** The notice period during probation can be as short as one day (based on some interpretations of UAE Labour Law) or one week (as per regulations in the ADGM). By general UAE Labour Law, you should provide at least one month's written notice if you wish to move to another employer within the UAE, unless otherwise agreed.
3. **Visa or hiring expenses:** If you resign during probation, your employer cannot demand repayment of recruitment or visa costs from you. Instead, if you move to a new employer, the new employer is required to compensate the prior employer for these expenses.
4. **Legal consequences of not adhering to notice periods:** Failing to provide the required notice can lead to penalties, including potential labour bans, which prevent you from working in the UAE for a period (often one year). Employers can also impose restrictions such as visa bans or refuse to release your work permit if you breach contractual obligations or resign improperly. Immediate termination or absconding without notice is treated very seriously and can trigger automatic bans.
5. **Employer demanding repayment:** According to UAE Labour Law, it is not legal for employers to demand repayment of recruitment or visa costs from employees directly. These costs are either borne by the employers or compensated between employers if a worker shifts jobs within the UAE.
It's important to note that skilled professionals, family-sponsored residents, and Golden Visa holders in the UAE may be exempt from the employment ban if they meet criteria set by the Ministry of Human Resources and Emiratisation. Additionally, employees who intend to resign and leave the UAE entirely must give a 14-day written notice, and if they resign to join another employer, they must provide a written one-month notice to their current employer.
Employers in the UAE are not allowed to charge employees for recruitment or visa costs, whether directly or indirectly, as stated under Article 6(4) of the Employment Law. Always provide written notice, understand your contract terms before resigning, and seek further support from the Ministry of Human Resources and Emiratisation (MoHRE) if needed.
[1] UAE Labour Law (Federal Decree Law No. 33 of 2021) [2] Regulations of the ADGM (Al Difra) [4] Ministry of Human Resources and Emiratisation (MoHRE) guidelines [5] Interpretations of UAE Labour Law by legal experts and consultants
- During the probation period in UAE business, if you decide to resign, you must provide a written notice, and the length of the notice can vary according to regulations.
- In the UAE, it's crucial to understand that finance-related involvements like employers demanding repayment of recruitment or visa costs from employees are not legal under UAE Labour Law, and these costs are typically the employer's responsibility or compensated between employers if a worker shifts jobs within the UAE.
