Leaving Your UAE Job Before the Two-Year Contract: Navigating Probation Periods and Resignation

If you find yourself in a situation where you are considering leaving your job before the two-year contract ends, especially within the probation period, it is crucial to understand your legal rights and responsibilities. This article aims to provide a clear understanding of the situation in the United Arab Emirates and how to navigate the resignation process.

What if You Resigned During the Probation Period?

If you are thinking of resigning during the probation period, it is important to understand that the termination of employment during this period is entirely yours. The probation period is meant to give both you and the employer a chance to understand if you are a good fit for each other. If you choose to leave, the employer cannot force you to pay any recruitment charges as it is illegal. Additionally, when you resign, an automatic ban of 6 months is imposed on you by MOHRE (Ministry of Human Resources and Emiratisation). However, if you have a minimum salary of AED 12,000 and you are a graduate, you can have this ban lifted by the relevant authorities.

What If You Complete the Probation Period and Still Want to Resign?

If you want to complete your probation period and then resign, you are perfectly within your rights to do so. However, the process may involve certain obligations. Here are the key points to consider:

Open Ended Contract: If your contract is described as “open ended,” it means that it is not a two-year limited contract. Therefore, the company cannot legally ask you to pay any recruitment charges. Employment Laws: According to the Ministry of Labour (MOL) in the UAE, if you resign after completing the probation period but before full two years, you are subject to certain duties. However, the company is not allowed to deduct any costs such as hiring cost, visa cost, or any other costs that were incurred due to processing your work permit. Relocation Costs: If the company has paid for your relocation, they have the right to deduct this cost from your final settlement. It is essential to review any agreements related to relocation carefully.

A Case Study: Recent Employee’s Situation

Context:
Currently, you are on a 6-month probation period, with 4 months already completed. You are experiencing several challenges, including late salaries and a poor work environment that does not align with the professional standards expected of a Civil Engineer. The job offer on the company’s letterhead states ‘"Period of agreement: open ended" and “Termination of contract: in accordance with the MOL. If the employee elects to terminate his employment before completing 2 years, then he must pay a certain lump sum as compensation for recruitment charges.”

Analysis:
Given the situation outlined, it is important to note that you were referred by a cousin who works in the same company, meaning the company did not engage a recruitment agency or pay any recruitment charges for you. Therefore, based on these details, you are likely not bound by the clause requiring compensation for recruitment charges.

Advice:
As you have a minimum salary of AED 12,000, you can apply to have the automatic 6-month ban lifted by the MOHRE. Additionally, you should provide the company with a 1-month notice period, as is customary. This will ensure that you adhere to the standard notice period and fulfill your obligations properly.

Key Points to Consider When Resigning in the UAE

Probation Period: During this time, you can leave freely or the employer cannot force you to pay any recruitment charges. Open Ended Contracts: Non-limited contracts allow for flexible termination without the need for full period completion. Salary Delays: If experiencing financial difficulties, consider all options including overtime, negotiation with the employer, or seeking the advice of a legal advisor. Work Environment: If the work environment is unsuitable, this can be a valid reason to pursue legal recourse or request a change in your terms of employment.

It is always advisable to thoroughly review your employment contract and the latest labor laws in the UAE to ensure that all your rights and obligations are clear and fully understood. Consulting a legal expert or an HR professional can provide further guidance and support during such a critical time.

Conclusion

Understanding your rights and responsibilities when considering leaving a job in the UAE, especially when the two-year contract is nearing completion, is crucial. Whether during or after the probation period, it is important to navigate these decisions carefully to protect your interests and avoid potential legal pitfalls.