The probation period in UAE is often misunderstood by both employees and employers. Many employees assume that they are free to resign and move to another company at any time during probation without legal consequences. However, UAE Labour Law imposes specific obligations on employees who wish to change jobs during this period, and failure to comply with those obligations may result in legal, financial, and immigration-related complications.

The law governing probation in UAE is primarily contained in Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations and its Executive Regulations under Cabinet Resolution No. 1 of 2022. The relevant provisions relating to probation are specifically found under Article 9 of the Labour Law.

Probation Period Under UAE Labour Law

Article 9(1) of the UAE Labour Law permits employers to place employees under probation for a period not exceeding six months from the commencement of employment. Any agreement extending probation beyond six months is unlawful, and once the employee continues in service after that period, the employment is deemed confirmed.

Although probation provides flexibility to both parties, it does not create unrestricted rights to terminate employment without procedure or consequence. The law prescribes mandatory notice requirements even during probation, thereby balancing the interests of employers and employees.

Notice Requirements During Probation

Under Article 9(2) of the Labour Law, an employer intending to terminate an employee during probation must provide at least 14 days written notice. Similarly, where an employee wishes to resign during probation in order to leave UAE, Article 9(3) requires the employee to provide at least 14 days written notice to the employer.

A more significant legal issue arises when an employee seeks to resign during probation for the purpose of joining another employer within UAE. In such cases, Article 9(4) requires the employee to provide at least one month’s written notice before leaving employment. This provision is frequently overlooked by employees who assume that probation permits immediate resignation.

Failure to comply with the statutory notice requirement may expose the employee and the new employer to litigation and financial liability.

Compensation for the New Employer

One of the most important legal consequences associated with changing jobs during probation is the compensation mechanism imposed under Article 9 of the Labour Law. The law provides that where an employee joins another employer during probation, the new employer may be required to compensate the previous employer for recruitment or contracting expenses incurred in hiring the employee, unless otherwise agreed between the parties.

Such expenses may include recruitment agency fees, visa processing charges, medical examination costs, Emirates ID expenses, travel expenses, and onboarding costs. The purpose of this provision is to protect employers from losses arising out of abrupt employee departures immediately after recruitment and visa issuance.

In practice, disputes frequently arise where employees resign shortly after joining a company and immediately commence employment elsewhere without complying with the prescribed procedures.

Immigration and Employment Risks

Apart from financial liability, changing jobs during probation without proper compliance may also lead to immigration and labour-related complications. Employees who resign improperly or abandon work without formal notice may face delays in visa cancellation, labour permit issues, or administrative complaints from the employer.

In certain cases, employers may file absconding or interruption from work complaints if the employee ceases attending work without lawful resignation. Such complaints can create serious immigration difficulties and may affect the employee’s ability to obtain a new work permit or residence visa until the matter is resolved.

Accordingly, employees should ensure that resignation is properly documented and that all labour and immigration procedures are completed before commencing employment with another company.

Conclusion

Changing jobs during probation in UAE is legally permissible, but it is not entirely free from risk. Article 9 of Federal Decree Law No. 33 of 2021 imposes clear obligations regarding notice periods and compensation liability, particularly where an employee moves directly to another employer within the UAE.

Employees who fail to comply with these requirements may face financial claims, labour disputes, and immigration complications. At the same time, employers must also act within the boundaries of the law and cannot misuse probationary provisions to exploit employees or delay lawful procedures.

Proper legal compliance, written documentation, and adherence to labour and immigration procedures remain essential for ensuring a smooth transition from one employment to another during the probation period in the UAE.

Our team at Ayesha Al Dhaheri Advocates and Legal Consultants provides expert guidance on resolving labour disputes, and ensuring compliance with UAE Labour Law. We help employers safeguard their investments and assist employees in understanding their rights with confidence.