UAE: Do employees need to serve notice period after resigning during probation?

Question: I am working in a mainland company in Dubai and am under probation. What is the procedure for me to resign from my position? Do I need to give a notice period? Also, I had signed a non-compete clause. Does this apply even under probation? Or can I take a similar position in another company?

Answer: An employee who intends to resign during his or her probation period in UAE and join a new employer thereafter needs to give one month's notice to his or her current employer.

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A new employer shall compensate the current employer with recruitment or contract costs. This is in accordance with Article 9 (3) of the Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, which states: “An employee who intends to move on to another employer in the UAE during the probationary period shall notify his current employer in writing at least 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.”

Furthermore, Article 12(5) (b) of the Cabinet Resolution No.1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations states that an employee shall be exempted from the non-compete clause under the following conditions:

“If the contract is terminated during the probationary period.”

Based on the aforementioned provisions of law, you may need to serve one month's notice to your employer if you intend to join a new employer in the UAE.

Additionally, the non-compete signed by you may not apply if you join a new employer who is conducting similar activities as your current employer because you have resigned from your current employer while you are on probation.

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