UAE: Do employees have to serve a notice period after being fired during the probationary period? – News

Question: I work for a mainland company in Dubai and am on probation. What is the procedure for dismissal? Do I need to warn about this? In addition, I signed a non-compete clause. Does this even apply to the probationary period? Or can I take a similar position in another company?

respond: An employee who intends to resign during the probationary period in the UAE and join a new employer thereafter must give one month’s notice to the current employer.

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The new employer will reimburse the current employer for recruitment or contract costs. This is in accordance with Article 9 (3) of the Federal Decree-Law No. 33 of 2021 on the Regulation of Labor Relations, which states: “An employee who intends to transfer to another employer in the UAE during the probationary period must notify his current employer in writing at least one month before the date on which he intends to terminate the contract and, unless otherwise agreed, the new employer must compensate the first the employer costs for recruitment or contract”.

In addition, Article 12(5)(b) of the Resolution of the Cabinet of Ministers No. 1 of 2022 on the implementation of Federal Decree-Law No. 33 of 2021 on the regulation of labor relations provides that the employee is exempted from the non-competition clause under the following conditions:

“If the contract is terminated during the trial period.”

Based on the above legal provisions, you may be required to give your employer one month’s notice if you intend to join a new employer in the UAE.

In addition, the non-competition agreement you signed may not apply if you join a new employer that is engaged in similar activities as your current employer because you left your current employer during the probationary period.