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.
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:
- Your employer asks you to leave (fire) during probation period;
- 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.