How can I resign from a company during my probation period under the UAE's new Labour Law? I want to ensure that I do not receive a ban and can accept a job with another employer. At present, my visa profession is skill level 5. My probation period is six months, which I will complete in the middle of March next year. AS, Abu Dhabi
There has been a recent announcement, Federal Decree – Law 33 of 2021, about changes to the UAE Labour Law but this is not due to come into effect until February 2, 2022, with final confirmation of the executive regulations being prepared and still to be issued. Until this time, the current rules apply.
At the present time, all employees, whether on probation or permanent, must provide 30 days’ notice when resigning as per Article 117 of the Labour Law, which states: “The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to the conclusion of the contract, and such after notifying the other party thereof in writing at least 30 days prior to the termination thereof.”
This is generally also the case for fixed-term contracts, although other restrictions will apply.
Should AS resign with less than a year of service, the employer can apply for an employment ban as his visa is for skill level 5, the lowest level.
Once the new rules come into effect next year, the situation will be different and will depend on the reason for an employee wanting to leave service during a...
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