Resigning during probation to join another employer
Probation has its own notice rules, and they are different depending on whether you are moving to another UAE employer or leaving the country. There is no gratuity to protect. What there is, is a compensation bill for short notice and, in some cases, a one-year bar on a new work permit.
The facts
- Customer success manager, Dubai mainland, private company under the federal law
- Started 1 February 2026 on a six-month probation
- Package 9,000 AED: basic 5,000, housing 3,000, transport 1,000
- Received an offer from another Dubai company on 31 March; gave written notice on 1 April 2026 and stopped working after 14 April
The rules for leaving in probation
Article 9 of Federal Decree-Law No. 33 of 2021 sets out three different notice periods during probation, depending on who is ending it and why:
| Who leaves, and why | Written notice | Article |
|---|---|---|
| Employer ends the employment | at least 14 days | 9(1) |
| Worker moves to another employer in the UAE | at least 1 month | 9(3) |
| Foreign worker leaves to leave the UAE | at least 14 days | 9(4) |
This is someone moving to another UAE employer, so the notice owed was one month. The decree-law counts a month as 30 days (Article 67). Notice given on 1 April should have run to 30 April.
Step 1 — is any gratuity due?
No. Two and a half months is far below the one year of continuous service Article 51 requires. Nothing turns on gratuity in this case.
Step 2 — the cost of short notice
Article 9(5): if either party ends the contract without observing Article 9, it "shall pay to the other party compensation equal to the worker's wages for the notice period or the remaining period of the notice period".
- Notice owed: 30 days. Notice served: 14 days (1 to 14 April). Shortfall: 16 days
- Daily wage: 9,000 ÷ 30 = 300 AED — the full wage, not basic, because the article refers to the worker's wages and the decree-law's definition of wage includes allowances
- Compensation owed by the worker: 16 × 300 = 4,800 AED
Article 9(3) adds a second consequence for moves between UAE employers: "the new employer shall compensate the original employer for the costs of recruitment or contracting with the worker, unless otherwise agreed upon". That obligation sits with the new employer, not with you. It is worth raising with the new employer before you resign, because it affects how willing they will be to take you on quickly — and some will agree to cover your notice shortfall as part of the same conversation.
Step 3 — what is still owed to the worker
| Item | Amount | Basis |
|---|---|---|
| Salary for February and March | 18,000 | Paid on the normal payroll dates |
| Salary 1–14 April | 4,200 | 14 days × 300 |
| Annual leave | — | Usually none: the statutory two days a month in Article 29(1)(b) applies where service is more than six months. A contract or policy granting leave from day one would change this |
| Gratuity | 0 | Under one year, Article 51 |
| Less: notice shortfall | (4,800) | Article 9(5), owed by the worker |
The April salary of 4,200 is due within 14 days of the end of the employment under Article 53. The employer's 4,800 claim is a separate matter. Deductions from wages are restricted by Article 25, and a notice-compensation claim is not one of the listed deductions, so the cleaner course is for it to be settled as its own line by agreement — often with the new employer's involvement — rather than simply netted off the final pay. In practice many employers will waive short notice in probation if asked early and politely. Ask before you assume.
If he had been leaving the country instead
Article 9(4) would have required only 14 days' written notice — exactly what he gave — and no compensation would arise. But the article attaches a condition: if he returns and obtains a new UAE work permit within three months of departure, the new employer must pay the original employer the recruitment-cost compensation in Article 9(3), unless he and the original employer agreed otherwise.
And Article 9(6): a foreign worker who leaves the UAE without complying with Article 9 "shall not be granted a work permit to work in the State for one year from the date of leaving". Article 9(7) lets the Ministry exclude some job categories and skill levels from that ban. The UAE Government portal also lists, under Ministerial Resolution No. 47 of 2022, a one-year permit bar for a worker who ended the relationship during probation where the employer had not breached its obligations. Whether and how it applies depends on the facts and on the Ministry's current exclusions, so check with MOHRE before you rely on being exempt.
If the employer had ended it
The employer needs to give at least 14 days' written notice (Article 9(1)). If it gives less, Article 9(5) works the other way and the employer owes the worker wages for the unserved days. There is no requirement for the employer to give a reason during probation, but the termination must still be in writing.
Article 31(2): a worker has no right to paid sick leave during probation, though the employer may grant unpaid sick leave on a medical report. Someone who falls ill in the first months and is then let go should not expect sick pay to appear in the settlement.
Questions
How much notice do I give if I resign during probation?
At least one month in writing if you are moving to another employer in the UAE, under Article 9(3), and at least 14 days if you are leaving the country, under Article 9(4). Your contract may say more; it cannot say less.
Can my employer make me pay my recruitment costs if I leave in probation?
For a move to another UAE employer, Article 9(3) puts the recruitment-cost compensation on the new employer, unless otherwise agreed. Separately, short notice can make you liable for the wages of the unserved notice under Article 9(5).
Does probation count towards gratuity if I stay?
Yes. Article 9(2) says the probation period is counted within the term of service once the worker passes it and continues.
Related
- Notice periodsAfter probation: 30 to 90 days, and what replaces notice
- Leaving before one yearAfter probation but short of the gratuity threshold
- Visa cancellationHow the permit and visa are closed when you move
Figures are for the case described. Published 2026-10-18 and reviewed against Federal Decree-Law No. 33 of 2021. General guidance, not legal advice — see the disclaimer.