UAE Probation Rules Explained: Do You Need to Repay Visa Costs if You Resign?

UAE Probation Rules Explained: Do You Need to Repay Visa Costs if You Resign?

Starting a new job in the UAE comes with a probation period. Many employees wonder if leaving early means they must repay visa or hiring costs. The UAE Labour Law addresses this clearly, but confusion remains.

This guide breaks down probation rules, repayment obligations, and your rights under the law.

What is the probation period in the UAE?

Under UAE Labour Law 2021 (Federal Decree-Law No. 33), the probation period is up to six months. During this time, the employer evaluates performance, and the employee can assess if the role is a good fit.

Probation cannot be extended beyond six months. If you continue after probation, that period counts toward service time for gratuity and annual leave.

Can you resign during probation?

Yes, but the notice period depends on your plans:

  • Joining another UAE employer: Give one month’s written notice.
  • Leaving the UAE: Give 14 days’ written notice.

If you leave the UAE but return within three months to join a new company, your new employer may need to cover costs owed to your previous employer.

Do you need to repay visa or hiring costs?

The law places the repayment responsibility on the new employer, not the employee. Article 9 of the Labour Law states:

  • If you resign during probation to join another company in the UAE, your new employer must compensate the old employer for recruitment costs.
  • If you resign and leave the UAE, no repayment applies unless you return within three months. In that case, the new employer is responsible for the costs.

However, if your contract states otherwise, you could be asked to repay these expenses. Some contracts specify that the employee must bear visa or hiring costs if they resign during probation. Always review your contract before making a decision.

What happens if you skip notice?

Failing to give the required notice can lead to penalties. Under Article 9 (6):

  • If you leave the UAE without proper notice, you may face a one-year labour ban.
  • Exceptions apply for Golden Visa holders, family-sponsored residents, and workers with needed skills.

Giving notice protects your work record and future opportunities.

Other rights during probation

Even under probation, you have certain rights:

  • Sick leave: Allowed, but unpaid.
  • Annual leave: Possible with employer approval.
  • Termination by employer: Requires at least 14 days’ notice in writing.

Example scenario

A worker resigns during probation after three months to join a new company in Dubai. The contract does not mention employee repayment of visa costs.

  • The worker gives one month’s notice.
  • The new employer pays the old employer recruitment expenses.
  • The worker does not pay anything directly.

If the contract had included a clause about employee repayment, the outcome would differ.

Why this matters

Many employees panic when resigning during probation, fearing they must cover high costs. Knowing your rights under UAE labour law consultancy protects you from unfair demands. Employers cannot arbitrarily deduct visa or hiring costs unless the contract clearly states it.

Final takeaway

You usually do not have to repay visa or hiring costs if you resign during probation in the UAE. Responsibility falls on the new employer, unless your contract places it on you. Always check your employment contract and follow notice requirements.

Need clarity on UAE labour law?

At AR Associates, we guide employees and businesses through complex issues like probation rules in UAE and end of service benefits in UAE.