# Leave during Probation Period



## tasha212 (Dec 15, 2013)

I moved to Dubai in August and started my job on September 1st. There's a 6 month probationary period. So I'm still under probation until February. I have decided that I can no longer work at this job because the conditions are not what I thought they would be... I interviewed for another position and am waiting for me to send the written offer... The new job would start in January. 

My question is what is the penalty if I resign during the probation period? I'm under a limited contract and have a 6 month probation period. 

I'm going home (US) for Christmas and am returning after New Year's. My contract says that either party can back out during the probation period with 1 week's notice. If I give notice before I go home, will I be able to get back into the country when I return? I have a residence visa... Should I wait till I get back to give notice or give notice once I leave? 

Also, do I have to pay 45 days salary to my employer as a penalty for resigning?

I know there's an automatic 6 month ban but I've read it can be lifted under certain circumstances... 

Any advice would be appreciated..

Thanks


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## uberkoen (Sep 12, 2013)

If you resign from your job during probation period,

You will not be entitled to any gratuity. Gratuity only kicks in once you complete minimum 1 year of continuous employment;

You might be asked to reimburse the visa costs if it is mentioned in your contract;

You may face an automatic ban by MOL depending on your designation and qualification.


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## tasha212 (Dec 15, 2013)

uberkoen said:


> If you resign from your job during probation period,
> 
> You will not be entitled to any gratuity. Gratuity only kicks in once you complete minimum 1 year of continuous employment;
> 
> ...


Thanks for your reply... I'm a speech therapist with a master's degree from the US... I believe I can get the ban lifted if I get another job offer paying more money...


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## TallyHo (Aug 21, 2011)

People are excluded from bans depending on their position and qualifications. If you have a master's degree, you should be exempt from a ban.

Since you are within your probation period there should be no restrictions for resigning. Likewise the company also has the ability to send you packing with no recriminations. 

As for penalties for resigning, it depends on what your contract says. Does it say you are liable for visa expenses if you resign within the probation period? I think if it's an unlimited contract you owe the company nothing, but if it's a limited contract, you are liable for something.


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## tasha212 (Dec 15, 2013)

TallyHo said:


> People are excluded from bans depending on their position and qualifications. If you have a master's degree, you should be exempt from a ban.
> 
> Since you are within your probation period there should be no restrictions for resigning. Likewise the company also has the ability to send you packing with no recriminations.
> 
> As for penalties for resigning, it depends on what your contract says. Does it say you are liable for visa expenses if you resign within the probation period? I think if it's an unlimited contract you owe the company nothing, but if it's a limited contract, you are liable for something.


The contract says that I have to pay all joining formalities... and require 1 wk notice... I'm just wondering is my work visa is cancelled bf I go home for the holidays will I have an issue leaving and will I have a problem coming back... the new job is supposed to start in January


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## The Rascal (Aug 6, 2014)

Why don't you ask them? Negotiation is the way here, explain the situation that you wish to leave as "Things aren't working out for you", and say something like "So how can we do this"?

My 2fils worth.


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## TallyHo (Aug 21, 2011)

It sounds like you'd be liable for the visa expenses and possibly the flight they flew you out to Dubai on. And accommodation? You may need to bite the bullet on this.

Resign next week. Work out the notice period. The company will deduct the amount owed to them from your December salary. Agree to it. It's probably better to assume you won't get any money for December and even fork over a bit more if necessary just to be able to move on in a peace of mind. Then get the visa cancelled. 







tasha212 said:


> The contract says that I have to pay all joining formalities... and require 1 wk notice... I'm just wondering is my work visa is cancelled bf I go home for the holidays will I have an issue leaving and will I have a problem coming back... the new job is supposed to start in January


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## tasha212 (Dec 15, 2013)

TallyHo said:


> It sounds like you'd be liable for the visa expenses and possibly the flight they flew you out to Dubai on. And accommodation? You may need to bite the bullet on this.
> 
> Resign next week. Work out the notice period. The company will deduct the amount owed to them from your December salary. Agree to it. Get the visa cancelled.


No accommodation... that's included in my salary... I pay for it myself... ok... I'll let them know ASAP... I'm waiting for the written offer from the new employer... in case something happens w that... thanks so much for ur input...


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## TallyHo (Aug 21, 2011)

If the company put you up in a hotel apartment for the first month they will probably charge you for it.

But, yes, wait until you get the official offer in hand, before moving to the next step.



tasha212 said:


> No accommodation... that's included in my salary... I pay for it myself... ok... I'll let them know ASAP... I'm waiting for the written offer from the new employer... in case something happens w that... thanks so much for ur input...


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## tasha212 (Dec 15, 2013)

TallyHo said:


> If the company put you up in a hotel apartment for the first month they will probably charge you for it.
> 
> But, yes, wait until you get the official offer in hand, before moving to the next step.


They didn't pat for initial hotel stay. .. all they provided was plane ticket...


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## brian1 (Mar 13, 2013)

normally you would have to pay back visa costs if you do not complete your probation period if specified in your contract, to avoid a ban, your salary must be equal to your last position or higher, or above a specific amount


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## tasha212 (Dec 15, 2013)

brian1 said:


> normally you would have to pay back visa costs if you do not complete your probation period if specified in your contract, to avoid a ban, your salary must be equal to your last position or higher, or above a specific amount


Ok thanks


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