If you’re working in a mainland company in Dubai and under probation, you may wonder about the procedure for resigning, whether you need to give notice, and how the non-compete clause affects you. Here’s a simple guide:
Resigning During Probation: Notice Period Requirements
If you plan to resign during your probation period in the UAE and move to a new employer, you are required to give a one-month notice to your current employer. This is stipulated under the UAE’s Federal Decree-Law No. 33 of 2021, which outlines employment regulations. Specifically, Article 9(3) states that the employee must notify their current employer in writing at least one month before terminating the contract.
Additionally, the new employer will need to compensate your current employer for recruitment or contract costs as per the same law. This ensures that your departure doesn’t disrupt your employer’s operations too much.
Non-Compete Clause: Does it Apply During Probation?
When it comes to the non-compete clause you signed in your employment contract, the good news is that it may not apply during the probation period. According to Article 12(5)(b) of Cabinet Resolution No. 1 of 2022, employees are exempt from the non-compete clause if they leave their employer during the probation period.
However, it’s essential to note that this exemption applies only to employees who leave during probation and may not apply if you are leaving after the probation period ends.
Important Considerations
It’s always a good idea to carefully review your employment contract for any additional terms or clauses related to your resignation, notice period, or the non-compete agreement. While the law offers clear guidelines, some contracts may have unique provisions that could affect your ability to leave or join a new employer.
In summary, if you are under probation in Dubai, you will need to serve a one-month notice before resigning. The non-compete clause may not apply during probation, but you should always check your contract for any special conditions.
