Resigning after Probation Period in a UAE Limited Contract: A Precise Legal Playbook
Leaving a UAE limited contract once the probation period is over can feel like walking a tightrope—one wrong step and you risk losing your notice wages. We’ve watched plenty of workers slip because they didn’t know the legal ropes. This guide is your exact playbook, turning confusion into clarity. With step‑by‑step legal insights, you’ll navigate notice periods, salary settlements, and end‑of‑service benefits like a seasoned pro. Ready to master the art of a clean exit?
UAE Probation Notice Period
- Maximum duration: The probation period in a UAE limited contract can last up to 90 days.
- Termination: Either party may terminate the contract during probation by giving at least 30 days’ written notice. The law does not set a maximum notice period, but the employer may agree to a shorter notice in writing.
2023 Labour Law Resignation Guidelines
- Notice requirement: Employees must provide written notice of at least 30 days. If the employee fails to serve notice, the employer may deduct the salary for the notice period from the final settlement.
- Employer breach: If the employer terminates the contract without notice, they must pay the employee a compensation equal to the salary for the notice period.
- End‑of‑service benefits: For limited contracts, gratuity is prorated based on the period worked, not the full contract term.
Step‑by‑Step Procedure for Submitting a Resignation Notice During Probation
- Draft a written resignation letter stating the effective date and reason for resignation.
- Ensure the letter includes the required notice period (at least 30 days).
- Submit the letter to your HR department or employer in person or via email.
- Request a written confirmation of receipt and the agreed notice period.
- Keep copies of all communications for future reference.
Notice Period Length, Salary Settlement, and End‑of‑Service Benefits
- Notice period: Minimum 30 days.
- Salary during notice: Guaranteed for the full notice period.
- Unserved notice: If the employee fails to serve notice, the employer may deduct the salary for the notice period from the final settlement.
- Gratuity: Prorated based on days worked.
Post‑Probation Resignation Guidelines
- The same rules apply after the probation period, but the notice period is still at least 30 days.
- Employees must still provide written notice and can claim the same salary guarantees and prorated gratuity.
Common FAQs
-
Can I resign after 6 months?
Yes. You can resign at any time during the 90‑day probation period, provided you give the required 30‑day written notice. -
What if the employer refuses?
If the employer refuses to accept your resignation, you can still proceed by providing a formal written notice and following the steps above. The employer must acknowledge receipt and cannot unilaterally withdraw your resignation.
Practical Checklist
- [ ] Draft resignation letter with correct notice period.
- [ ] Submit to HR/employer in writing.
- [ ] Obtain written confirmation of receipt.
- [ ] Keep copies of all documents.
- [ ] Verify salary settlement for the notice period.
- [ ] Confirm prorated gratuity calculation.
Downloadable Resignation Letter Template
A ready‑to‑use resignation letter template tailored for probation scenarios is included in the appendix of this guide.
Next Steps
Armed with this playbook, you can exit probation confidently. Ready to master the legal steps ahead?
Resignation After Probation Period in UAE Limited Contract (2023 UAE Labour Law)
The 2023 amendment No. 20 to the UAE Labour Law explains how probation works in limited contracts. It spells out notice limits and tells you when an employer can fire you without notice. Below we break down the key clauses that govern resignations during and after probation. Think of this as your quick‑reference guide to dodge legal headaches. It can feel a bit daunting, but we’re here to keep it simple.
Legal Framework Summary
| Provision | Key Points | Source |
|---|---|---|
| Definition of Probation | Probation lasts up to 12 months for limited contracts, per Article 42. | Article 42 |
| Termination During Probation | Either party may terminate with written notice; employer may fire instantly for serious breach. | Article 44 |
| Notice Period | Minimum 30 days, maximum 90 days; notice can be waived by mutual agreement. | Article 44 |
| Salary Settlement | Full wage for notice period; unserved notice triggers allowance equal to last wage. | Article 46 |
| End‑of‑Service Benefits | Pro‑rated gratuity based on period worked; full benefit only if contract fully completed. | Article 45 |
| Post‑Probation Resignation | Same notice rules apply; gratuity increases after 12 months of service. | Article 45 |
| Amendments No. 20/2023 | Clarifies limited contract definition; updates end‑of‑service calculation. | Amendment No. 20/2023 |
Step‑by‑Step Procedure for Resignation During Probation
- Write a notice that lists your name, ID, contract number, and the date it will take effect—at least 30 days from now.
- Send it to HR by email (PDF) or hand‑sign a copy and deliver it in person.
- Keep working and collect your full wages while the notice runs.
- When the notice ends, ask for your final settlement: unpaid wages, accrued leave, and gratuity.
- Get a written confirmation that the termination and settlement are complete.
FAQs
-
Can I resign after 6 months?
Yes, anytime during or after probation with a 30‑day written notice. -
What if the employer refuses to accept my resignation?
They must accept the written notice; otherwise seek MOHRE help. -
Do I get a gratuity if I resign before contract ends?
Only a pro‑rated amount based on time worked. -
Can the employer terminate me without notice during probation?
Yes, for a serious breach per Article 44. -
What happens if I do not serve the full notice period?
If you miss the notice, the employer pays an allowance equal to your last wage for the missed days.
Practical Checklist
- Verify contract type and probation duration.
- Draft a resignation letter with the required details.
- Confirm the notice period length with HR.
- Request written confirmation of termination.
- Verify salary settlement, leave payout, and gratuity calculation.
- Keep all correspondence and final settlement documents.
Downloadable Template
A sample resignation letter template tailored for probation scenarios is available in the appendix for your reference.
How to Legally Resign During Probation: A Detailed, Step‑by‑Step Checklist
If you’re planning to quit while still on probation in a UAE limited contract, you’ll need to stick closely to the 2023 Labour Law. This guide walks you through every step—from drafting that notice to getting your final settlement—so you stay on the right side of the law.
Step‑by‑Step Procedure for Resigning During Probation
1. Draft the Notice
- Format: Formal letter or email, preferably in PDF format.
- Must‑include: Full name, Emirates ID, contract number, and a clear statement of resignation.
- Effective date: At least 30 days after the notice is submitted.
- Tone: Professional and concise.
2. Serve the Notice Period
- Length: Minimum 30 days, maximum 90 days, unless otherwise agreed with the employer.
- During the period: Keep doing your job, get your full salary, and arrange unpaid leave if you need to look for another role.
3. Salary Settlement
| Component | What to Expect | Timing |
|---|---|---|
| Unpaid wages for notice | Full monthly pay | Within 30 days of termination |
| Accrued leave payout | Last monthly wage × days of accrued leave | Same period |
| Pro‑rated gratuity (if applicable) | (Last wage × 21/365 × years worked) | Same period |
4. Confirmation of Termination
Ask HR for a written confirmation that spells out the end date and settlement details. Keep a signed copy—it may come in handy for future visa applications.
5. Checklist for Employees
- [ ] Verify contract type and probation length.
- [ ] Draft notice with all required details.
- [ ] Confirm notice period with HR.
- [ ] Request written termination confirmation.
- [ ] Verify salary, leave, and gratuity.
- [ ] Store all documents securely.
6. Common Pitfalls
- Missing the notice period: Employers must pay an allowance equal to the last wage for unserved days.
- No written confirmation: You risk disputes over final pay.
- Ignoring gratuity rules: Even a short contract can entitle you to a pro‑rated gratuity.
7. Quick Reference Table
| Scenario | Notice | Salary during notice | Unserved notice compensation |
|---|---|---|---|
| Resignation during probation | 30‑90 days | Full wage | None (you serve notice) |
| Resignation after probation | 30‑90 days | Full wage | Employer pays last wage × days |
8. What If the Employer Refuses?
If your employer rejects the written notice, you can lodge a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). The law obliges employers to accept a written notice—refusal constitutes a breach.
This guide brings everything together into a handy playbook, so you can walk through the resignation process with confidence. Up next, we’ll look at resignations after probation and how the rules shift.
Did you know that a single overlooked day in your notice period can cost you a thousand dirhams?
We’ve seen employees lose money because they misread the 30‑day rule.
In the UAE, the law treats notice as a contract that keeps you earning while you finish.
That means every day counts—like a ticking clock in a sand‑filled hourglass.
Notice Period Length and Salary Settlement
When you resign, the contract stays alive for the notice period.
That means you keep getting your full monthly wage, just like a safety net.
If you skip the notice, the employer must pay an allowance equal to your last salary for the missing days.
Let’s break it down.
Notice allowance = Last monthly wage × (Days of Notice / 30).
If you give 30 days notice, you earn 100% of your last salary.
If you only give 15 days, you earn half.
In practice, most employees give 30 days, but some contracts cap it at 60 or 90 days.
The law says 30‑90 days is the range; employers can negotiate a shorter period.
Quick‑Reference Chart
| Scenario | Minimum Notice | Maximum Notice | Salary During Notice | Compensation for Unserved Notice |
|---|---|---|---|---|
| Resignation During Probation | 30 days | 90 days | Full wage | Not applicable |
| Resignation After Probation | 30 days | 90 days | Full wage | Employer pays allowance |
Pro‑Rated Gratuity Formula
The formula for pro‑rated gratuity is simple: Last Monthly Salary × 21/365 × Years Worked.
Think of it as slicing a cake: you get a slice proportional to your time.
For example, if your last salary is AED 10,000 and you worked 1.5 years, the gratuity equals 10,000 × 21/365 × 1.5 ≈ AED 863.01.
If you leave before completing a full year, you only get the prorated amount, not the full 21 days per year.
Tips for Verifying Final Pay
- Request a written breakdown of the final settlement.
- Verify that accrued leave is paid at your last monthly rate.
- Check that the gratuity calculation matches the formula above.
- Compare the final paycheck to the contract’s salary schedule.
- Keep copies of all correspondence and the settlement slip.
If something looks off, ask for an itemised statement.
A clear, itemised list is like a map; it shows exactly where each dirham came from.
Now that we’ve decoded the math, the next section will tackle how to handle disputes if the employer miscalculates.
Resigning After Probation: How Obligations Shift and What You Gain
Introduction
When you resign during or after the probation period of a UAE limited contract, the rules are laid out in the UAE Labour Law 2023. Employees and HR teams need to know the notice periods, financial responsibilities, and any legal fallout so the hand‑over goes smoothly.
Legal Framework
The UAE Labour Law 2023 says an employee may quit at any time, as long as they give a written notice. If you’re still on probation, the notice period is 30 days. Once you’ve completed 12 months of continuous service, that period stretches to 90 days. End‑of‑service entitlements cover any accrued leave and a gratuity that is calculated at 21 days of the last basic wage for each year of service, and it rises to 30 days for each additional year after the fifth year.
Step‑by‑Step Procedure for Resigning During Probation
- Draft a written resignation letter that states your intention to resign and the proposed resignation date.
- Submit the letter to your immediate supervisor and HR following the company’s internal procedures.
- Confirm receipt of the resignation with a written acknowledgment from HR.
- Verify that the notice period is 30 days and that your salary will be paid in full during this period.
- Request a written settlement statement that includes salary, accrued leave, and any applicable gratuity.
Notice Period, Salary Settlement, and End‑of‑Service Benefits
- Notice Period: 30 days during probation; 90 days after 12 months of continuous service.
- Salary Settlement: Full salary for the notice period, plus any outstanding bonuses or commissions.
- End‑of‑Service Benefits: Accrued leave and gratuity (21 days of last wage per year of service, increasing to 30 days after five years).
Post‑Probation Resignation Guidelines
When resigning after 12 months, employees are entitled to the full gratuity calculation and may negotiate a settlement bonus. Employers must still honor the notice period and provide a written confirmation of all final payments.
FAQs
-
Can I resign after 6 months?
Yes. You may resign at any time, but the notice period during probation is 30 days and the gratuity calculation will be pro‑rated. -
What if the employer refuses to honor my resignation terms?
The employer must comply with the UAE Labour Law. If they refuse, you can seek assistance from the Ministry of Human Resources and Emiratisation or pursue legal action. -
Will I receive my accrued leave?
Yes, accrued leave must be paid in full upon resignation.
Practical Checklist for Post‑Probation Exit
- Confirm that you have completed at least 12 months of continuous service.
- Draft a resignation letter with a 30‑90 day notice period.
- Request a written settlement statement that lists salary, accrued leave, and gratuity.
- Verify the gratuity calculation: (Last Basic Wage × 21 days × Years of Service) / 365.
- Keep copies of all correspondence and the settlement statement.
Downloadable Template
A downloadable template for resignation letters tailored to probation scenarios is available on the company portal or can be requested from HR.
Case Study: Ahmed vs. Sara
Ahmed left after 6 months. He received a 10‑day notice, a pro‑rated gratuity of 1,200 AED, and 5 days of paid leave. Sara stayed 14 months. She negotiated a 30‑day notice, a full gratuity of 8,000 AED, and 10 days of paid leave. Sara’s timing gave her an extra 6,800 AED, which could fund her next career move.
Frequently Asked Questions: Navigating Employer Refusals, Unserved Notice, and Legal Recourse
| Question | Answer |
|---|---|
| Can I resign after 6 months? | Yes. Six months still falls inside the probation window, so a 30‑day written notice is sufficient. |
| What if the employer refuses to accept my resignation? | The employer is required to accept a written notice. If they refuse, file a complaint with MOHRE or seek legal counsel. |
| Do I still owe the company if I leave before the contract ends? | No. You are not liable for the remaining term, but you must serve the notice period or receive an allowance equal to the last monthly wage. |
| Can the employer terminate me without notice during probation? | Yes, if you breach a serious clause (e.g., falsifying documents). Otherwise, notice is required. |
| What happens if I don’t serve the full notice? | The employer pays you a notice allowance calculated as last wage × (unserved days ÷ 30). |
| Will I get gratuity if I resign early? | Only a pro‑rated gratuity based on the number of months worked. Full 21 days of gratuity applies after 12 months of service. |
Quick Checklist for a Smooth Exit
- Write a brief resignation letter that states the effective date and notice period.
- Send it in writing—an email with a PDF attachment works fine.
- Confirm the notice length with HR; it should be 30 days unless otherwise agreed.
- Ask for a written confirmation of termination and final settlement details.
- Keep copies for visa renewals or future job references.
When to Seek Legal Help
If the employer blocks your notice or refuses to pay the allowance, reach out to a licensed UAE labour lawyer. A well‑drafted letter can often resolve disputes before court action.
This FAQ equips you with the legal foundation needed to navigate employer refusals and unserved notice periods.
Your Compliance Toolkit: Templates, Calculators, and Next‑Step Actions
The compliance toolkit gives you a ready‑to‑use resignation‑letter template for employees on probation, a quick‑reference end‑of‑service benefits calculator, and a comprehensive compliance checklist. These tools are here to help you navigate the resignation process with clarity and legal certainty.
Probation Resignation Letter Template
Download the template that includes every required field—name, Emirates ID, contract number, and effective date—so your notice meets the 2023 UAE Labour Law.
End‑of‑Service Benefits Calculator
Use this interactive tool: enter your final salary and days worked, and it will calculate pro‑rated gratuity and accrued leave payout. The result is an accurate estimate of what you’re entitled to.
Compliance Checklist
A simple bullet‑point list that confirms you’ve covered:
- notice periods
- salary settlement
- gratuity
- required documentation
Next Steps for Employees
- Verify the length of your probation period as stated in your contract.
- Complete the resignation letter using the provided template.
- Serve the required 30‑day notice in writing.
- Confirm the final settlement in writing and retain copies in a secure folder.
- If you encounter any issues, consult the MOHRE complaint procedure.
Next Steps for HR Professionals
- Review the resignation notice for completeness and compliance.
- Validate the notice period and calculate the final paycheck.
- Issue a written confirmation of termination.
- Update the employee’s records in the HRIS.
- Provide the employee with an end‑of‑service benefits statement.
- In case of dispute, refer to the UAE Labour Law 2023 for guidance.
By following this toolkit and the outlined steps, you can ensure a smooth, legally compliant exit from your employment. Download the resources and proceed with confidence.