What happens if I resign during the Probation Period?

Resignation during Probation Period

Many of the visitors have asked this question to me time and again: What happens if I resign during the probation period?

I have earlier written on what is Probation Period. 

probation period resignation

Well, this depends on your labour contract. Most companies have what is called a Probation Period. This is the time which the employer uses to evaluate your suitability to the position you have been recruited for. If the employer finds your job performance upto satisfaction, he might confirm you in employment. A ‘confirmation of employment’ in UAE means you are now a permanent member of the company and you are eligible for all the facilities of the employees.

There are 2 scenarios:

  1. Your employer asks you to leave (fire) during probation period;
  2. You resign by yourself during probation period.

Scenario 1 – Your Employer fires you during probation period:

Most of the contracts mention that, while you are on probation period, you may be asked to leave the company with one day’s notice or whatever notice period as mentioned in the contract. Some employers might ask you to reimburse the visa costs. But that is not legal unless written in your labour contract. (Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign)

Scenario 2 – You resign from your job during probation period:

If you resign from your job during probation period,

  • You will not be entitled to any gratuity. Gratuity only kicks in once you complete minimum 1 year of continuous employment;
  • You might be asked to reimburse the visa costs if it is mentioned in your contract; (UPDATE: but as per Ministry of Labour and Ministerial Announcements, you are not required to reimburse any costs related to visa and other expenses to the company. Read: Paying visa costs UAE).
  • Even during the probation an employee is required serve notice period of 1 month as per labour contract.
  • You may face an automatic ban by MOL depending on your designation and qualification.

There is no risk if you resign from your job. If you find a better employer or better offer, or if you do not like the working environment  you may leave your current job. It is advised that you be forthright with your current employer in case you are resigning so that they make necessary arrangement to fill your vacancy. Also read how to avoid 6 month labour ban?

It is also wise to read now about how Limited Contract or Unlimited Contract may affect your probation period.

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  • If i resign within the probation period, can i take up employment in other company or will i face a ban of 6 months ?

    • This will depend on your contract or offer letter. Normally, if you resign during the probation period, there is no ban.

      • Dear Deepak

        I am resigning under probabtion. My visa is of Hamriyah free zone. My contract says I have to reimburse all my visa and training cost if I resign with in 2 years of my joining date. But there is no such clause in my Hamriyah contract . Kindly note that they are going to make a bill of 20000aed while my monthly salary is 2500aed. Am I entitled to reimburse them the cost or not?. Can they ban me from UAE?

        • If your company contract says so and you have signed for the same then you are obliged to pay the cost

  • i am on a probation period (Tdic) and have completed 3 months in abudhabi, my salary is now 4000 aed, i have got another offer( engineering company in accoutants) which is good and salary is 9000 aed.. i am a Mcom degree holder. can i change my job without any banned. or lift the ban by paying…

    •  @dlloyd This entirely depends on what is stated in your contract. So read it carefully to see any clauses. Contact the Labour ministry call centre. And please do not mention company names in the comments. If the contract mentions the clauses clearly then you may not be banned. I believe ban can be lifted by paying. However, you are requested to consult an attorney before taking any step.

  • hi, i am presently on probatrion period in abudhabi working in accoutant ( salary 3500) in TDIC, it says its an open end contract. . I HAVE GOT A BETTER OFFER from a good engineering cmpny in abudhabi, and the salary is 9000 aed. can i change my job without a baned,, i am Mcom degree holder.. what is the procedure

  • i m working for 5months now if the company terminate me before or after probation period should i pay any expenses to the company??

    • Depends on your company. They may request if you resign. Highly unlikely for termination.

  • hi, currently employed and very new on the company. been working with them for 3 weeks only, i didnt not signed any contract/offer letter yet but they provided me residence visa but i am planning to leave this job, would there be a ban for me?

  • i am on a probation period and have completed 5 months in abudhabi my contract is unlimited and i am Diploma holder. If i get salary 7000AED ,can i change my job with out any ban?.
    my present salary also 7000 but I don’t like to work this environment .
    Please help me.

  • Hi,

    I have resigned already from the company before completed my probation period. There were many issues to resign.. After I come here I got health issues.. There is MRI report about my borns…
    Also there were problem with Supervisor in the store…
    Now my visa caneling is processing.. As im having medicne and as I can not work with heavy things and as I am getting mind pressure with supervisor I told them I wanna go back to my country.. After that They asked me to fax my resignation..
    Mistaknely I have faxed the same..
    Now company is asking me to pay all cost including the hotel fee that I was stay here on first day…
    Actually tell the truth I dont have any cents to pay them.. As I have spent money to come and I have loans also…

    When Comapny asking me to pay back .. I said them that I will work for you until cover your cost.. But they didnt allow me to work also…

    What Shall I do now…??

  • HELO SIR IM WORKING BEFORE AS A SERVICE CREW IN DUBAI I WORKED THERE ONLY 2 MONTHS AND STILL IN PROBATIONARY PERIOD I RESIGN BECAUSE ITS NOT GOOD COMPANY AND THE COMPANY GIVE A NOC AS I REQUESTED…I JUST WANT TO KNOW IF I HAVE A BAN? I DONT HAVE YET EMIRATES I.D AND LABOR CARD BUT THERE IS ALREADY A RESIDENCE VISA STAMP ON MY PASSPORT… AND I HAVE ALREADY A OFFER LETTER TO MY NEW COMPANY IN ABUDHABI ..I HOPE YOU CAN ANSWER MY QUESTION .THANK YOU

  • I AM SUFFERING FROM PILES .I HAM SO SAD I HAVE TO GO HOME TOWN AND DO THE FURTHER TREATMENT CAN YOU HELP ME I AM ONLY TWO MONTH OVER HERE IN DUBAI PLEASE HELP ME WITH YOUR KNOWLEDGE

    • It is better to go to your home country and do the treatment rather than spending here. This will depend on your ability however.

  • i am workink at catering service as private security gaurd since 20 month,and now i get another offer more than now. cai i give other company with out paying any charge my company???

  • I have signed an offer letter with a Company in Dubai.
    However I have not yet signed the employment contract, neither is my employment visa processed, nor is the labour contract issued.

    I wanted to know if there will be any legal implications of the same. Will the employer be able to recover any money from me?

    • you have just signed the offer letter….i dont think there is any legal implication. Please check with your HR. I do not know what is mentioned in your offer letter though.

  • If I submit my resignation before I complete one year and one year will be completed if i work for the notice period also. Kindly tell me whether i will be eligible for leave salary and gratuity?

    • You need to complete one year to receive employee gratuity. Gratuity will be calculated till your last working day. I may be your notice period does not matter.

  • The company which am working now gives me a 6 months probation, i am now working with them for 3 months and they already gave me my labor card which am on husband’s visa. My questions are:

    1. I already have labor card, am i still on probation period?
    2. When i start working in this company, i didn’t know that am pregnant, and i knew that am pregnant only when am already on my 2 months pregnancy coz my menstrual cycle is not normal. And until now i didn’t tell to my company that am pregnant. If i tell them, they will fire me? Do i have to pay for the labor card they give? Will i get a ban?

    Hope that you can help me on this situation.

    Regards,

    Jane

    • if you resign you will have labour ban. Company can terminate you with immediate effect bcoz you are still on probation period. If you are sure of your pregnancy it is better to tell the truth to your employer.

      • i’ve been working for almost 4months i already have my labour card, emirates id and visa stamped on my passport.and the company terminated me and under my probation period.they said they will give me NOC letter so that i can find another job.Do i have ban in this case?

  • Dear Deepak,
    thanks for such a informative platform to disscus our issues,
    Kindly please tell me the solutions for following issues am facing
    i need to change my job,
    its been 8 months am working with them,i am accountant but my visa is of sales visa, i am ACCA qualified,i dont need to work any more , kindly tell me that is there any ban which wil be impose on me ? and also i have a degree bt i dun know it is acceptable here or not,am working in ABu dhabi,

    Regards

  • hi sir,

    i have been working in one of consultant company as a clerk since 2 months, i m in probation period, now i am not comfort with the work and company, if i resign, there will be ban or not?

  • I am in probation period. My job is sales officer in UAE. Can I change my job to customer service representative in the same company? In my VISA it’s written ‘Sales’, so that’s why I’m asking. Is there any possibility of changing my job profile within the same company?

    Thanks

    • i am not sure…you can work in the company just designation matter. I think you can change after 6 months in your labour contract. But confirm this with your HR.

  • Dear deepak,
    I am new to uae ..i am efficient for doing job in software industry and Hr Department or sales or any managerial position.

    If i get in any other job like sales or insurance or customer care …any…after 3-5 months can i resign from the company …if the company ask for visa fees ..i will provide them…and get NOC from the employer

    But will this be problem to my next job or next visa proceedings ,..or any illegal issues

    • Yes once you entered into one employment contract you need to finish the contract period to avoid ban other wise you will get labour ban for 6 months. You cannot get labour approval from other company if you have ban and without a labour approval you cannot work in another company
      If you have masters degree plus salary 12 k plus then you can avoid ban.

  • Dear, I have been working in a company for 7 months, presently I am getting new better offers from other company. I have the plan to move out, but can my current employer ban me for 6 months?? i have Master Degree (attested), but new offer is 9K AED/Month. so how I can avoid the ban???

  • hi, my visa was started from 2009 and expire on 1-2-2013 but my labour card expire on 11-12-2012.
    after 11-12-2012 can i leave the job without notice ? if notice required which type like a…… resign letter or not renewal visa.

    • It is always be good to inform your company whether you want to renew the contract or no…So please inform your company about your decision so as to avoid all other unnecessary problems.

  • Good afternoon madam
    i am working in private small company and i have 1 year and 2 months in the company, but then i want to transfer another work because the management or the boss of my company is not good, he usually make my work very horrible and not in my duties and responsibilities, we dont have any benefits or even health insurance we dont have, then we always go to work not 8 hrs but always 9 to 10 hrs without pay. he always shouting to us when he is angry to someone. Please i want to know if i can transfer work but many says i have labor ban if i didn’t finish my 2 years contract. how should i do, i cannot take this anymore. please help me… thank you

    • yes you will have labour ban if you leave the company before the expiry of your contract. Option is to try job in freezone.

  • Hi Deepak,
    Kindly assist me on my below doubt.
    i’am working in a company since 8 months. In my labour contract it has been mentioned as duration is unlimited. What does this actually mean. If i wish to change my company after my 2 yr visa period is it possible for me to change.
    Will there be any ban if i dint get NOC?
    My profession is Operation Manager.

    • I dont think you will have ban (considering you have mater’s degree plus 12k salary). Yes you can change the job.

  • gudday i signed in my company for 3 years contract but i decided to resign after 2013 its my 2 years in my company and find another good & better salary i am asking theres no complication about my desicion ? tnx

  • dear deepak
    how are you ? i hope you’re fine? i was so desperate for an advice about labor laws’ , till i caught your website , you seemed very helpful , and i do have a problem ! i came here on oct 3 , with employment visa for a company at dubai with salary of 4 k, the position title was technical support , after a while they informed me that i am not that qualified and in order to process my visa -” they havent start that yet” – they are going to change the offer from 4 k to 3 k and transfer me to sales department.. i felt so unfair because they haven’t trained me or anything! now i have no other option but sign the new one ! but am not willing to stay with them , am considering looking for other jobs and companies , the thing is am affraid they will pan me , so when the exact time so i can look for other options? or should i bare with them till the contract over

    please help me
    regards

    • If your visa is not stamped and not signed the labour contract then no ban. you can try for another job. But need to cancel the employment visa

  • dear deepak
    how are you ? i hope you’re fine? i was so desperate for an advice about labor laws’ , till i caught your website , you seemed very helpful , and i do have a problem ! i came here on oct 3 , with employment visa for a company at dubai with salary of 4 k, the position title was technical support , after a while they informed me that i am not that qualified and in order to process my visa -” they havent start that yet” – they are going to change the offer from 4 k to 3 k and transfer me to sales department.. i felt so unfair because they haven’t trained me or anything! now i have no other option but sign the new one ! but am not willing to stay with them , am considering looking for other jobs and companies , the thing is am affraid they will pan me , so when the exact time so i can look for other options? or should i bare with them till the contract over

    please help me
    regards

    • if your visa is not stamped and not signed the labour contract then no ban. you can try for another job. But need to cancel the employment visa.

  • I have been working for a company since April 2012 and got my employment visa in July 2012 and resigned from this company as they were not paying salary on time sometime it was like a puzzle will we receive salary on not in Oct 2012 and I received a new offer for 10K and I am a Bachelor Degree Holder and my old company deducted visa charges and canceled my visa without any ban. my question is will I still get a Ban or Ban can be lifted if Applied for General Admin Visa Please help I am waiting for my visa approval to join the new company. Please help will it go thru.

    • there will be a labour ban for 6 months (unless company provides you NOC). Or you should have Master’s degree and 12K plus salary.

  • Dear Deepak
    I am a master degree holder im working in catering company from 5 months as a accountant but in my visa profession is sales. and they are paying very less salary i agreed because of financial problems. 1 month is left in the probation period in my labor contract. if i get a new job in other company after probation period with good salary (less than 13000) in that situation there is ban for me?

  • Dear Depak

    my company management trying to sold company to another party. i have completed 7 months in the company. if i get noc from the company then what is procedure in the labor department with my new employer. please guide me there are any fees? or what is the labor office process?

  • Hi deepak! Im in a labour company and planning to transfer in a free zone company, the thing is i am only 2 months in my current job and still under probation. Question is:
    1. Does the company have the right not to give me NOC?
    2. Do I have ban with that?(I am non Master’s Degree)
    3. Do I have to pay the visa they provided?
    4. How soon I can leave my current company?

    Best Regards!

  • I am currently working at labour company and planning to transfer to free zone company but the thing is Im only 2 months and still under probation in my current job please help me with my questions below:
    1. Does my employer have the right not to issue NOC when I resigned?
    2. Do I have ban?(i am non Degree holder)
    3. Do I have to pay anything to them?

    Best regards

  • Dear Deepak,

    i have been working in a hospital (Abudhabi) as Practical Nurse since 5 months( having sponsorship of Husband visa). i am HAAD passed. Job designation is mentioned in my Labor card is “Wing Labor” that is what i understand from Arabic word mentioned in the card. so can i resign during my probation period and try for a new job without ban

    thanks in advance

  • Dear Depak,

    I am working in a company since last four months i have a new offer of 12000 AED and have a master degree attested from UAE foreign office. So if i will resign then automatically there will be a ban of six month. Is there any chance of rejection from emigration while obtaining new visa if my new company will apply my new visa? In my contract labor it is written probation period is of three months but may be extended to max six months and in my offer letter it is written six months. So what you suggest which one is my probation period six or three months. whether i should give one month notice or not? thanks alot

    • if company provided you confirmation letter after 3 months then you need to give notice as per your contract but if you are not confirmed so far then you can leave the company at any time. You will not have ban coz you have 12 k plus salary plus masters degree

    • if company provided you confirmation letter after 3 months then you need to give notice as per your contract but if you are not confirmed so far then you can leave the company at any time. You will not have ban coz you have 12 k plus salary plus masters degree. However please check with your company whether you are confirmed.

  • I have been working in my present company since Jan 2012. Now almost one year. i did not receive any confirmation letter or any salary increment so far where it shows in my contract. i have been replaced for the vacant position of same company which position holder left the company. therefore i have only Friday off while others enjoying two days off for the week. (our office working time 9.00AM to 6.30PM – 9hours per day 9 x 5 = 45hours per week) but for me 54hours for week. is it possible to extended my probation period without inform me? after 6months even the company can extend one more six month? Kindly advice..

      • Hi,
        Thank you for reply..
        i did not receive any documents such as probation period extended or completed. But three or four months back my line manager told me your probation confirmation latter with him. that time he was angry with me due to my mistake. But by next week i have completed one year with this company. Can they hold my confirmation like this? i need to apply for annual vacation also. there for can i ask from the company to pay Overtimes for working on Sturdy’s (confirmed staff getting overtimes if they work on Saturday- all new staff will now get overtimes during the first six months even Saturdays, holidays or after normal working time)
        Still I’m afraid to ask all these form the Management. What can i do please advise me?

  • hi need help..
    im planning to resign to the nursery to another employer is their instants that my old employee will give me a ban? how long it takes?2 days before i will finish my probationary.and my contract validity is until one year only so if i will finish my 1 year can i resign without a ban??

  • Hi there,

    I have been working for a company in Dubai for just under 6 months and am planning to resign with a weeks notice to move back to UK. I have not been confirmed and my probation is 6 months.

    On resigning will I get a expatriate flight home? nothing is stated in my contract?

  • is there a labour ban if you are shifting from hamriyah freezone to another freezone or private company? I am on my 3rd month and still under probationary period.

  • Dear Deepak,
    I have been working for a company since July 2012, 6 month already finished. But now company said you can search other job because your performance is not enough for our expatiation, by the way I found another job, and it is 7000plus DH salary, am also 3 year Diploma holder. Company will give me release for changing job. Can I change my job without ban?

  • Hi Deepak.

    I wonder if you can clarify something for me. I have resigned – on the 12th Jan and I am working one months notice. I started working in August and I am still within my six month probation period. The school I work for are telling me that I have to pay part of the accommodation allowance that they paid, is this true? I don’t think that there is any mention of this in the contract.

    Also, from this post, I gather that I will only have to pay back the visa fees, is this correct. According to the Ministry of Labour contract the school were meant to pay for my flight to the country, but they didn’t pay for a flight or remiburse me. I have a limited contract.

    They have told me that they will ban me for 12 months, although I have a Bachelor Degree and I currently earn over 15,000 and the new job I plan to get my salary will increase to 17500.

    • company can put you a ban with valid specific reason.
      if you have not done anything wrong they cannot put you ban.

  • Hi Mr.Deepak

    i have been working for a restaurant since 9 jan 2013 to 20 jan 2013 employment visa my medical is not finish befor the told me you are work in the restaurant as a supervisor your salary is 1700 dhs but now he told me you are not working like a supervisor now i give you salary 1300 dhs only like a waiter.and the told me your duty is 12 hours but every day there work 13 hours and thursday and friday 14 hours and if he chang the duty time so one day 10 hours and one day 16 hours thats why i am resigned from there . they told me you pay the visa money 1800 dhs so plz tell me whats the true

    • company cannot ask any employee to pay the visa charges unless it is specified in your employment agreement

  • Greetings! Im in a labor company for more than 5 months and I decided for an immediate resignation(no one month notice)

  • Greeting! Im in a labor company for more than five months and I decided to have an immediate resignation(without one month notice). We had been to the ministry of labor after that, signing some documents stated that Im agreeing to a one year ban. Thinking that there is a free zone company that cant be affected by ban, i signed with no doubt. They kick me out in our company accommodation telling me that i am already cancelled and without giving me cancellation letter ang my passport. Is it possible that they might file an absconding case with me?And How come that they gave me ban if it is stated in my contract that im in a three months probation? Is it their right to demand me 6,000dhs(visa,ban and other damages incldg an exit ticket)? Do they have the power to lift the ban if i will pay it? please man, i dont know what to do. Im worried.

  • I just recently joined last 25-Dec-12 and due personal reason I decided to resigned from my current co. Please let me know if there is labor ban once a leave the company.

  • hi deepak , pls let me congratz for ur owesome helping mind towards others .. god bless u dude ,,, deepak my problem is tht i complete 1 year and 2 months in an oil company ( 2 year visa) am work as an engineer .. can i move to other company without ban . and its my first visa too .. so plzz help me too dude

    • If you have a Masters degree or professional degree and 12K plus salary you can avoid a ban….

      Or

      If you are getting new job opportunity in any free zone you can avoid a ban

  • I would like to ask, I’m in probationary period since October 2012. I found a better opportunity. I passed already my resignation letter and they alreadya accept it and effective on 15th of Feb 2013. My question is that: Is it possible that by next week, i prefer not to report to the office due that I have to look for another room accomodation to transfer which is near to my workplace, can I take it because I still have 5 days PH which still not use?

    Does the company will be after me, if I will be back on the 16th of feb 2013 to process all my exit clearances? and ban me or use other option just to hold me?

    Lastly Im freezone, i pay for my one way ticket when I had my exit in Kish Island, do i need to pay around 2500AED for the cancellation of my visa?

    Highly appreciated for your response.

    • 1. Employee is not eligible for annual leave or sick leave during the probationary period
      2. You can take the PH but please inform the management and get the approval
      3. They cannot put a ban without specific reason neither they can hold the cancellation. Since you are not a permanent employee you can leave the company without notice period
      4. Company cannot ask the employee to pay the visa cancellation charges

    • 1. Employee is not eligible for annual leave or sick leave during the probationary period
      2. You can take the PH but please inform the management and get the approval
      3. They cannot put a ban without specific reason neither they can hold the cancellation. Since you are not a permanent employee you can leave the company without notice period
      4. Company cannot ask the employee to pay the visa cancellation charges.

  • Hai Deepak

    I am working in one hospital .i have 10000aed plus free accommodation .but I have 6month probation period.just I finish 5 month but I planed to move from this company.what I want to do.any possible to get any ban.or I want to. Pay any money.i have Haad dha license .work diploma certificate also.iam weighting your replay

    • You will not have a ban make sure you have attested diploma.
      Anyways i would suggest you to talk personally with MOL.

  • Dear Mr. Deepak

    I badly need your help.

    I’m with a Bachelor’s degree. Came here with a visit visa. Applied for a job. Got in on October 22, 2012. On my 4th month probationary period now. I found out that there was a difference on my basic salary stated on my Offer Letter and on my employment contract I”ve seen at MOL website dated Dec. 2012 (which I cant remember signing). Then they let me sign another employment contract with no Arabic Translations and whole lot of discrepancies from what was offered to me. I know it was a mistake signing them. But I was really confused. Can I still resign from the company?! Without Ban? Or having to pay them for the Visa costs?! Please reply. I really need your help. I’m pretty stressed.

  • Mr. Deepak, I am just seven months this month with my present private trading company and my visa is from dubai but my work assignment is in abu dhabi. and my contract is unlimited, if i resign with one month notice that i will submit to my european employer, will there be a ban imposed on me after? i wanted to transfer to a better offer salary work. i am a degree holder but i just found a job recently with a better offer than this present job but the offer for my prospect job is less than 5k. please advise me accordingly. many many thanks.

    • Hi Kathleen, unfortunately you will have ban…i would suggest you to complete the contract (visa ) and join the other company. In any case call MOL to clarify.

  • Hello Mr. Deepak,
    I am a waiter in a retaurant and i filed complaints against ky employer because they are not giving day off and not paying overtime hours work.
    i still have no contract yet from the company and no medical yet.
    im still on probitionary period. i just strarted last january 2, 2013, i just got an employment visa valid until march 22 this year.
    Will there be a ban and fees to be charged to me if i am cancelled?
    pls reply sir…thank you
    aris

    • Hi Aris, if you are visa is not stamped so far then there won’t be a ban. But you may need to pay some cancellation charges.

  • Good day!

    Hello Mr. Deepak i would just like to ask a question. Im a nurse with dha license but my employer canceled me. Luckily i got new job in freezone and the new company wants me to get a NOC to transfer the dha license to the new compny from my old company. the old company replied me with “not before 6 months” what i understand from their reply is they dont want to issue NOC not before i complete my 6 months ban. is this legal? thank you in advance and best regards..

    • Hi Trison, actually free zone companies do not ask NOC because they are not connected with MOL.

  • Dear Mr. Deepak,

    I am looking forward for a guidance from you.. I am presently working in a company from Feb 02, 2013.. I am presently on their visa but the visa is not stamped on my passport nor i have finished any formalities with regard to Visa medical or Emirates ID.. I am fed up with the atmosphere and want to resign in the offer i have only one month probation which finishes on March 02,2013.. Please i want to know whether there will be any ban?? if so can i change to Husband visa?? What shd i do to lift the ban?? can you please reply me soon … I would be grateful thanks…

    Priya

    • Hi Priya, If you have already a labour contract and labour card then there is a chance of getting labour ban. Otherwise you can resign at any time there won’t be a ban.
      Yes you can come under husband sponsorship.