Question: Can you explain the changes made to the UAE employment law when it comes to resigning during the probation period? Am I entitled to salary and other benefits for the days I serve under the notice period? Also, what’s the maximum period I can stay in the country after my visa is cancelled? Does the company have to pay me the airfare to my home country if I resign during the probation period?
Answer: Pursuant to your queries, it is assumed that you are employed by a private company based in the mainland of UAE. Therefore, the provisions of Federal Decree-Law No. 33 of 2021 On the Regulation of Employment Relations (the ‘Employment Law’) are applicable.
In the UAE, an employee may resign from his or her employment during probation by serving (1) one month of notice period to the current employer if he or she intends to join the new employer. In this case, the new employer needs to compensate the current employer with recruitment costs. This is in accordance with Article 9 (3) of the Employment Law, which states, "An employee who wants to move on to another employer in the UAE during the probationary period shall notify his current employer in writing at least (1) one month before the date on which he intends to terminate the contract, and unless agreed otherwise the new employer shall compensate the first employer for recruitment or contract costs."
Further, an employee who intends to resign during the...
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