# Resigned in probation?



## Spanny (Jun 23, 2013)

Hi I was wondering if anyone could help me?
Over the public holiday just gone I found myself in a sticky situation where I was coming to the end of my probation and had been offered a much better job with a new company. I am in a free zone so believe I am not subject to any bans, therefore I decided to go for it. Due to it being a public holiday weekend my managers were not in so I decided to hand my notice in on 9/6/13. I signed my original contract on the 9/12/12 therefore making me hours out of my probation! I had not received a letter of permanent employment or had my six month review and they have accepted my letter of resignation stating a notice period on one month.my employer is now chuckling away at me saying I have to work a three month notice period. Obviously I do not wish to do this. Do I have a leg to stand on? 

Any help and advice much appreciated


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## Hindustani (Jun 24, 2013)

I am having a similar issue, wanted to start a new topic but found this thread and considered posting here would be much relevant, as the issue is very similar.

I joined this company on 5th May, but my boss turns out to be very aggressive, over-expecting and not giving enough time to finish any task. It has been like that right from the start but I was thinking things will change and I was feeling overloaded only because I was new. But over time I have learned from co-workers that the previous person also left due to the same reason. Now I regularly end up with working more than 10 hours a day and even after that my input to the company is not appreciated at all.

I would like to leave now, but want to know the consequences before I take a decision. My visa is from DMCC freezone, so I expect to not have a ban. Do I have to serve a notice period, and am I obliged to pay the visa and medical expenses back to the company? It is less than two months since I joined and my visa and other documents and already processed already - visa stamped in my passport.

Any adivce would be much appreciated.


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## saraswat (Apr 28, 2012)

Spanny said:


> Hi I was wondering if anyone could help me? ... Do I have a leg to stand on? Any help and advice much appreciated


You should go back and look at the offer/employer you signed with the employer when joining. There should be probationary period and notice period clearly mentioned among the other relevant information. That will be the basis for the amount of time period you would need to spend as a notice.



Hindustani said:


> I am having a similar issue, wanted to start a new topic but found this thread and considered posting here would be much relevant, as the issue is very similar.
> 
> I joined this company on 5th May, but my boss turns out to be very aggressive, over-expecting and not giving enough time to finish any task. It has been like that right from the start but I was thinking things will change and I was feeling overloaded only because I was new. But over time I have learned from co-workers that the previous person also left due to the same reason. Now I regularly end up with working more than 10 hours a day and even after that my input to the company is not appreciated at all.
> 
> ...


Again go back and look at the paperwork you signed when accepting the job. If you find that you are still in the probationary period, I am assuming you are as the least amount of time I know of is 3 months, then you can resign from your position and would not need to serve a notice period. Whether you need to pay visa expenses to the company should also be mentioned in the paperwork, so check that. Usually you would need to reimburse them. Assuming you do resign and it is accepted, then your visa would be processed for cancellation and from that date, you would have 30 days to find another job or leave the country. 

Hope that helps both of you, good luck.


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## Hindustani (Jun 24, 2013)

saraswat said:


> Again go back and look at the paperwork you signed when accepting the job. If you find that you are still in the probationary period, I am assuming you are as the least amount of time I know of is 3 months, then you can resign from your position and would not need to serve a notice period. Whether you need to pay visa expenses to the company should also be mentioned in the paperwork, so check that. Usually you would need to reimburse them. Assuming you do resign and it is accepted, then your visa would be processed for cancellation and from that date, you would have 30 days to find another job or leave the country.
> 
> Hope that helps both of you, good luck.


In my paperwork, probation is mentioned as 6 months from date of joining. And there is no mention of any visa expenses reimbursement or any other compensation if I resign during probation. Only thing mentioned is that I wont be able to work with the employer's clients or associate companies for 1 year after resignation.


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## saraswat (Apr 28, 2012)

Hindustani said:


> In my paperwork, probation is mentioned as 6 months from date of joining. And there is no mention of any visa expenses reimbursement or any other compensation if I resign during probation. Only thing mentioned is that I wont be able to work with the employer's clients or associate companies for 1 year after resignation.


In such a case, you would be fine to leave within the probation period without having to serve the notice period. Bear in mind the non-compete clause does stay in place though, regardless of probationary period. Since the reimbursement of costs is not mentioned, I would say you would not have to pay anything either. 

But, before making any decisions, I would recommend you also get in touch with the relevant free-zone authority (I think you said DMCC), and make sure from them, as ultimately, their word is final and binding. 

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## anups_123 (Apr 15, 2014)

*Hi--suggest me*

Hi

I am facing sameproblem here. my company culture is pathetic and after joining this in june 14 only i have made my mind to leave. my visa is from DMCC (hope will get in 3-4 days).

My company gave me offer letter and labour contract signed by another company and DMCC as our company is still not registered here in free zone. 
Now guide me one thing.

1. My labour contract and DMCC dont have an wording that i need to reimbuse any thing during probation period if i resigned.

2. The offer letter igned by my comany has wording tht i resign with in 3 months then i have to pay 30 days wages as damage charges. 

My question is that legally i am employee of company who has labour contract and said nothing about notice period amount.

Am i liable to pay anyting or not legally?


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## dilip_1985 (Jun 27, 2014)

*Resignation in probation period*

Hi All
I am also facing a similar problem.was brought to dubai under company visa telling me that I have been recruited for corporate marketing.but the realty is they make me to stand in the roads and distribute pamphlets.i am a mba graduate with two years work experience in india.on my contract its written that if I leave the organisation before two years I have to pay them the visa charges and the induction charges.but what I am concerned is whether I will face an employment ban if I resign in the probation period.on my contract its mentioned that my probation period will be for six months.
Kindly advise


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