What Happens If I Resign During My Probation Period in UAE 2023?
If you’re wondering what happens if you resign during your probation period in UAE 2023, you’re not alone. This guide walks you through the legal process, notice requirements, and what you can expect.
Definition of Probation and Notice Periods
Probation in UAE contracts is a six‑month window where both sides assess fit. During this time, the law treats resignation as a mutual act that still requires a 14‑day written notice. Think of it as a 14‑day grace period before the final curtain call. If you skip that notice, the employer can deduct a day’s wage for each day of breach.
UAE Probation Notice Period
Under Federal Decree‑Law No. 20 of 2023, the employer may terminate with 14 days’ notice, and the employee must do the same. The clause is clear: “Either party may terminate the contract during probation with a written notice of fourteen (14) days.” This mirrors the old 2021 decree, ensuring consistency.
2023 Labour Law Resignation
Step‑by‑Step Procedure for Resigning During Probation
- Check your contract for any extra clauses.
- Draft a resignation letter using our downloadable template.
- Send it in writing— email works, but keep a printed copy.
- Start the 14‑day clock from the date the employer receives it.
- Attend the exit interview and hand over company gear.
- Receive written acknowledgment confirming your last day.
- Collect final settlement— salary, overtime, bonus, and gratuity if eligible.
- Coordinate visa cancellation with HR within 14 days.
Required Documentation
- Resignation letter (template included).
- Copy of the employment contract.
- Passport and visa copy.
- Last payslip.
- Gratuity calculation sheet (21 days basic wage per year for first five years, 30 days thereafter).
- Exit interview report (optional but helpful).
Salary Settlement & End‑of‑Service Benefits
| Item | What it covers | How it’s calculated | Timeframe |
|---|---|---|---|
| Unpaid wages | Salary up to last day | Basic wage × days worked | Within 14 days |
| Overtime | Extra hours | Hourly rate × overtime hours | Within 14 days |
| Bonuses | Performance or annual | Pro‑rated if applicable | Within 14 days |
| Gratuity | Service >2 years | 21 days per year (first 5 yrs) + 30 days thereafter | Within 14 days |
Tip: Keep a timestamped email or courier receipt as proof of notice. This protects you if the employer claims a breach.
Downloadable Resignation Letter Template
We’ve crafted a simple yet professional template that you can copy‑paste, fill in, and send. It covers all legal points and ensures you meet the 14‑day notice requirement without any extra fuss.
FAQs
-
Can I resign after 6 months?
Yes, you can resign at any point during the probation period, but you must still provide the required 14‑day notice. -
What if the employer refuses?
If the employer refuses to accept your resignation, you can still terminate the contract by giving the notice in writing. The employer is obligated to honor the termination. -
Will I lose my end‑of‑service benefits?
If you resign during probation, you are entitled to the pro‑rated gratuity based on your length of service.
Practical Checklist
- [ ] Verify the notice period in your contract.
- [ ] Draft and send the resignation letter.
- [ ] Retain proof of delivery (email copy or courier receipt).
- [ ] Complete exit interview and hand‑over procedure.
- [ ] Confirm written acknowledgment of last day.
- [ ] Request final settlement statement.
- [ ] Arrange visa cancellation with HR.
- [ ] Keep copies of all documents for your records.
Final Thought
Resigning during probation doesn’t have to feel like a cliff dive. With the right notice, documentation, and a clear settlement plan, you can glide off smoothly and keep your professional reputation intact.
When we talk about probation in UAE, we’re talking about a six‑month window where both sides get a quick test run. It’s a sprint, not a marathon. The law treats it like a trial run, but the stakes are real. Ever wondered what happens if you quit early?
Federal Decree‑Law No. 33/2021 governs labour relations. The 2023 amendment No. 20/2023 tightened the rules. Article 6 pins the probation limit at six months. Article 9 spells out the 14‑day notice requirement for both parties. These clauses are the backbone of our discussion.
Take Article 11 for example: if either side ends the contract during probation, the notice must be in writing and delivered in person or by registered mail. Skipping that can land you a fine of AED 5,000 or a deduction from your final pay.
During probation, you need a 14‑day written notice. After probation, that extends to 30 days, or 90 days if the contract lasts longer than two years. These rules keep everyone on the same page.
Quick‑Start Checklist
- Verify the contract notice period.
- Draft a resignation letter—short, clear, and to the point.
- Email it to HR with a timestamp.
- Keep copies of all communications.
- Confirm your final settlement.
- Cancel your work visa within 14 days.
- Keep your exit interview notes.
Step‑by‑Step Process
- Step one: review your contract for any special clauses.
- Step two: draft a resignation letter, keep it short but clear.
- Step three: submit it in writing—email or hand‑deliver.
- Step four: wait 14 days; HR will acknowledge.
- Step five: complete the exit interview and return company gear.
Your final settlement should cover unpaid wages, overtime, bonuses, and the end‑of‑service gratuity. The gratuity formula is 21 days of basic wage per year for the first five years, then 30 days per year thereafter. Employers must pay within 14 days of your last day.
If you stay past probation, notice obligations change. A 30‑day notice is required, and you may be entitled to a full gratuity if you served more than two years. Employers cannot unilaterally alter these terms.
A typical contract clause reads:
“The employee may resign during the probation period by giving fourteen (14) days written notice. The employer may terminate the contract during probation with the same notice.”
This mirrors the law and protects both sides.
Skipping the 14‑day notice can lead to the employer withholding part of your salary or claiming damages. In extreme cases, they can file a claim with the Ministry of Human Resources and Emiratisation.
Imagine you’re a software engineer at a Dubai firm. You draft a quick letter, email it, and keep the receipt. Within two weeks, HR sends you a settlement statement. That’s the smooth path.
UAE Probation Definition & 2023 Labour Law Overview
| Element | Detail | Article |
|---|---|---|
| Probation limit | Six months | 6 |
| Notice during probation | 14 days written | 9 |
| Notice after probation | 30 days minimum | 10 |
| End‑of‑service gratuity | 21 days per year (first 5 yrs) | 12 |
Now that we’ve mapped the legal landscape, we’re ready to dive into the practical steps you’ll take next.
UAE Probation Notice Periods Under 2023 Labour Law
The 2023 UAE Labour Law spells out that whether you’re the employer or the employee, a 14‑day written notice is mandatory during a probationary period. This rule keeps both sides from sudden contract terminations and makes the hand‑over smoother.
Legal Framework
Article 9 of the 2023 Labour Law lays out the 14‑day written notice rule for:
- Employer termination during probation
- Employee resignation during probation
The notice has to be in writing and takes effect from the day the employer gets it. Skipping the notice can trigger salary cuts or legal penalties.
Step‑by‑Step Procedure for Resignation During Probation
- Check the probation length listed in your contract.
- Write a short resignation letter that says you’re quitting and when your last day will be.
- Send the letter to HR—by email or hand‑delivery—and keep a copy for yourself.
- Ask for a written acknowledgment to confirm the employer received it.
- Count the 14‑day period from the receipt date.
- Keep all correspondence and any replies from HR.
- Ask for a final settlement statement once the notice period is over.
- Cancel your visa within the 14‑day window if that applies to you.
Notice Period Length and Post‑Probation Rules
| Situation | Notice Length | Who Must Provide | Consequence of Non‑Compliance |
|---|---|---|---|
| Employer ends during probation | 14 days written | Employer | Potential legal action and salary deduction |
| Employee resigns during probation | 14 days written | Employee | Possible forfeiture of unpaid wages |
| Employer ends after probation | 30–90 days written | Employer | Breach of contract, possible compensation |
| Employee resigns after probation | 30–90 days written | Employee | Loss of end‑of‑service benefits if not met |
After probation, the notice period grows to at least 30 days and can stretch to 90 days, depending on how long you’ve been working. The 14‑day rule stops applying then.
Salary Settlement and End‑of‑Service Benefits
During the notice period, the employer must keep paying your salary up to your last day. When the notice ends, they’re required to give you a final settlement that covers:
- Unpaid wages
- Accrued leave
- Any other statutory entitlements
If you resign after probation, you’re entitled to end‑of‑service benefits under the 2023 Labour Law, as long as you’ve met all contractual obligations.
Post‑Probation Resignation Guidelines
- Notice periods of 30–90 days are in effect.
- You must submit a written notice and state a clear last working day.
- The employer must issue a final settlement and help cancel your visa.
- Not following the rules can mean you lose end‑of‑service benefits.
FAQs
Can I resign after 6 months of probation?
Yes. The 14‑day written notice requirement still applies no matter how long the probation lasts. You must still give the notice in writing and count the 14 days.
What if the employer refuses to accept my resignation during probation?
Article 9 says the employer must accept a written notice. If they refuse, you can turn to the Ministry of Human Resources and Emiratisation or explore legal options for unlawful termination.
Practical Checklist for Employees
- Verify the probation length in your contract.
- Draft a concise resignation letter.
- Email it to HR with a timestamped receipt.
- Note the 14‑day countdown.
- Keep copies of all correspondence.
- Confirm your last working day in writing.
- Request a final settlement statement.
- Ensure your visa is cancelled within 14 days.
Doing these steps turns a potentially chaotic exit into a smooth transition, setting you up for whatever comes next.
Downloadable template
A resignation letter template tailored to probation scenarios is available in the resources section of this guide.
What Happens if I Resign During My Probation Period in UAE 2023
Probation in UAE limited contracts is a trial period—usually up to 90 days—where either side can end the job with a shorter notice. In 2023, the UAE Labour Law says a resignation needs a 30‑day notice, but most companies cut that to 14 days while you’re still on probation. This guide walks you through the legal basics, the step‑by‑step process, and how to keep your rights safe.
Legal Framework Summary
-
Notice of Resignation
Article 16 of the UAE Labour Law requires a written notice that names your last working day. The notice period is 30 days, unless your contract says otherwise for probation. -
End‑of‑Service Benefits
Article 20 gives you a gratuity of 21 days’ basic wage for each year of service up to five years, and 30 days for any years beyond that. -
Salary Settlement
Your employer must pay every earned wage, any accrued leave, and any bonuses up to the final day. -
Exit Permit
During the notice period the employer must submit your exit permit and cancel your visa.
Step‑by‑Step Procedure for Submitting a Resignation Notice During Probation
- Verify Your Contract – Find the clause that sets the notice period and any probation‑specific terms.
- Draft Your Resignation Letter – Keep it short, professional, and state the exact date of resignation.
– Sample template:
Dear [HR Manager],
I am writing to formally resign from my position as [Job Title] at [Company Name], effective 30 days from today, [date].
Thank you for the opportunity to work with the team.
Sincerely,
[Your Name] - Deliver the Letter in Writing – Email it and keep a timestamped copy, or hand‑deliver it in person.
- Start the Notice Period – The clock starts when the employer receives your letter.
- Attend the Exit Interview – Talk about final settlement, return of company property, and any outstanding matters.
- Obtain Written Acknowledgment – Ask HR to confirm receipt of your resignation and the last working day in writing.
- Collect Final Settlement – Make sure you get salary, overtime, any performance bonus, and the end‑of‑service gratuity.
- Process Exit Permit – The employer must submit the exit permit and cancel your visa within the notice period.
Checklist to Safeguard Your Interests
- Proof of Notice – Keep a copy of the email or a courier receipt.
- Gratuity Calculation – Verify that 21 days’ basic wage per year (first 5 years) and 30 days thereafter are included.
- Unpaid Wages – Confirm all earned salary up to the last day is paid.
- Bonus Prorating – If you earned a performance bonus, check the pro‑rated amount.
- Communication Log – Keep a record of all emails, messages, and HR notes.
Post‑Probation Resignation Guidelines
If you resign after the probationary period, the same 30‑day notice applies. The employer may still claim a penalty if the resignation is abrupt or if you fail to return company property. Stick to the contractual notice period to avoid losing end‑of‑service benefits.
Frequently Asked Questions
- Can I resign after 6 months? – Yes, you can resign at any time, but you must provide the notice period stipulated in the contract (typically 30 days). Failure to give proper notice may result in loss of gratuity.
- What if the employer refuses to accept my resignation? – The employer cannot legally refuse a resignation. If they do, seek legal advice or contact the Ministry of Human Resources and Emiratisation.
This guide is intended for informational purposes only and does not constitute legal advice.
What happens if I resign during my probation period in UAE 2023?
We’ve all felt that uneasy buzz when the clock ticks toward a payday that feels like a cliff. In the UAE, the 2023 law turns that cliff into a concrete path, telling us exactly how unpaid wages, overtime, bonuses, and end‑of‑service gratuity should be calculated. Want a clear roadmap? Let’s walk through the formula, a sample sheet, and the 14‑day settlement window that keeps everything tidy.
UAE probation notice period: Salary Settlement Formula
The core equation is simple: Total Due = Basic Wage × Days Worked + Overtime Pay + Bonus Pro‑Rata + Gratuity. Gratuity itself is split: 21 days of basic wage per year for the first five years, then 30 days per year thereafter. This mirrors the law’s Article 14, which treats each year of service like a chapter in a book—longer chapters earn more.
2023 labour law resignation: End‑of‑service benefits
Sample Calculation Sheet
| Item | Quantity | Rate | Subtotal |
|---|---|---|---|
| Basic Wage | 10 days | AED 1,200 | AED 12,000 |
| Overtime | 15 hrs | AED 80 | AED 1,200 |
| Bonus (Pro‑Rata) | 5% | AED 600 | AED 30 |
| Gratuity (3 years) | 21×3 days | AED 1,200 | AED 75,600 |
| Total Due | AED 99,030 |
Notice how the gratuity dwarfs the other figures—like a lighthouse in a foggy sea. The sheet also shows the 14‑day settlement window: the employer must pay the full amount within 14 days of the resignation notice. If they miss this window, the employee can seek legal recourse under Article 16.
Why the 14‑Day Rule Matters
Think of the 14‑day period as a safety net. It guarantees that both parties can close the loop without a financial cliffhanger. Employers who ignore it risk penalties and a damaged reputation. Employees, on the other hand, should keep a timestamped copy of the notice as proof.
Practical Checklist
- Confirm contract – note any special clauses.
- Draft resignation letter – include the 14‑day notice.
- Submit in writing – email or hand‑deliver.
- Track receipt – keep proof.
- Request written settlement – ask for the full sheet.
- Verify visa cancellation – ensure it happens within 14 days.
Download the resignation letter template for probation scenarios: resignation‑letter‑probation.pdf
We’ve laid out the math and the steps. Next, we’ll explore how to handle visa cancellation and what happens if the employer refuses to settle.
Explore other UAE labour law resources
When we step beyond probation, the rules tighten like a well‑tuned drum.
Notice periods stretch to 30 days or more, and gratuities shift into higher tiers.
Visa status changes too; employers must cancel or transfer permits within strict windows.
What happens if we leave early? Let’s unpack the legal maze.
First, we must recognize that the 2023 Labour Law sets a 30‑day written notice for post‑probation exits.
If the contract lists 60 days, we follow that; otherwise, 30 days is the default.
Notice must be in writing, signed, and delivered to HR; a digital copy suffices if the employer accepts it.
We should keep a timestamped email or courier receipt as proof; it’s our safety net.
Gratuity calculations shift after probation; the first five years use 21 days of basic wage, then 30 days per year.
If we exit before completing the notice, the employer can deduct the unpaid days from our final settlement.
In extreme cases, the employer may claim damages, but the law caps the penalty at one month’s salary.
Visa implications are real; the employer must cancel the work permit within 14 days, or we risk fines.
We also need to check the free‑zone rules; some zones allow a 90‑day notice instead of 30.
A handy checklist can keep us on track: notice letter, HR acknowledgment, salary slip, visa status, exit interview.
If we hit a snag, consulting a legal advisor or HR specialist is the smart move.
Remember, a 14‑day notice during probation is like a safety net; a 30‑day notice afterward is the new standard.
Now that we understand the post‑probation rules, we can plan our exit without surprises.
Next, we’ll look at how to handle the final settlement and tax implications.
Notice Period Comparison
The law’s default 30‑day period can stretch to 90 days if the contract stipulates longer service.
During probation, the 14‑day notice is a safety net; post‑probation, it’s a legal obligation.
| Contract Phase | Notice Length | Gratuity Rate |
|---|---|---|
| Probation (≤6 mo) | 14 days | 0 % (no gratuity) |
| Post‑probation (≤5 yrs) | 30 days | 21 days basic wage per year |
| Post‑probation (>5 yrs) | 30 days | 30 days basic wage per year |
We should also note that the employer can claim a penalty for early termination, capped at one month’s salary.
If we ignore the notice, the employer can withhold the final settlement.
To avoid disputes, we keep a written record of every step.
Visa and Exit Process
Employer must cancel work visa within 14 days; failure triggers a 3,000 AED fine.
We should also ensure the exit permit is issued before leaving UAE, else we risk a 3‑month stay ban.
Common Pitfalls
Employees often forget to return company devices, leading to deductions.
Others overlook the 14‑day visa cancellation window, incurring fines.
Some ignore gratuity formula, assuming a flat 21‑day rate regardless of tenure.
Checklist for Post‑Probation Exit
- Draft resignation letter with 30‑day notice.
- Send to HR and keep a timestamped copy.
- Confirm receipt and last working day in writing.
- Verify salary slip for the last month.
- Check gratuity calculation against the table above.
- Ensure visa cancellation and exit permit are processed.
- Keep all documents for future reference.
Final Thought
A well‑planned exit after probation protects our rights, finances, and future visa prospects.
FAQs, Practical Checklist & Downloadable Resignation Template
We’ve tackled the most common questions about resigning during a UAE probation period. Below you’ll find a printable checklist and a ready‑to‑use resignation letter template you can copy, paste, and send straight away. This wrap‑up turns theory into practice, so you can act with confidence.
Frequently Asked Questions
-
Can I resign after 6 months?
Yes, once the 6‑month probation ends, the notice period length changes to the contract’s standard—usually 30 days. -
What if my employer refuses to accept my resignation?
The law still requires you to give written notice. If they ignore it, you can file a claim with the Ministry of Human Resources. -
Will I lose my end‑of‑service gratuity?
No, the gratuity is calculated based on your total years of service, not the notice period. -
Do I have to pay back the salary I received during probation?
Only if the employer proves you were paid for days you did not work. Keep your payslips as evidence. -
How does the 14‑day notice affect my visa?
The employer must cancel or transfer the work visa within 14 days. Failure to do so can trigger penalties. -
Can I negotiate a shorter notice?
You can request it, but the employer is not obliged. The law sets the minimum; anything shorter is at their discretion.
Practical Checklist for Probation Resignations
| Step | Action | Deadline |
|---|---|---|
| 1 | Draft resignation letter | Immediately |
| 2 | Submit in writing to HR | Within 14 days |
| 3 | Attend exit interview | Day of last working day |
| 4 | Return company assets | Same day |
| 5 | Verify final settlement | 14 days after exit |
| 6 | Cancel or transfer visa | Within 14 days |
Check each box as you complete the step. It’s like a roadmap that keeps you from getting lost in red tape.
Resignation Letter Template (Probation)
[Your Name]
[Your Position]
[Company Name]
[Date]
Dear [HR Manager’s Name],
I am writing to formally resign from my position as [Position] at [Company Name], effective 14 days from today. I appreciate the learning experience during my probation period and wish the team continued success.
Please let me know the next steps for the exit interview and final settlement.
Thank you for your support.
Sincerely,
[Your Signature]
Take Action Now
Print the checklist, copy the template, and send your notice today. By following these steps, you’ll protect your rights, keep the process smooth, and move forward confidently.
