# Changing job during probation



## UltronR (May 12, 2015)

Hello All,

It's been 1 month only that I have moved to Dubai. I just love this place but not the company I am working at. The role offered is quite different from what was promised during the interview. Company is an LLC. Company got my Visa and Work Permit done. The role position is Marketing Executive in the contract. As per the contract bond amount for two years is 20,000 AED. 

My question is that:

1. Is it possible to change job (assuming I get a better job) during the probation period? Will I get an employment ban? 

2. In case I get a ban, can the new employer get it removed and hire me for the job? (I am an engineer and have done my MBA, got placed in this company through college recruitment process)

3. As per what I read on the UAE Labour law website I am not required to serve one month notice period during probation. Is my understanding correct?

Please let me know this as I am really desperate now to move out of this organization. Any help will be really appreciated. Help guys!!!


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## Stevesolar (Dec 21, 2012)

UltronR said:


> As per the contract bond amount for two years is 20,000 AED


Hi,
Welcome to the forum.
What is the bond that you mentioned?
You should be able to resign during the probation period - with no penalties.
Is your visa stamped already and do you have your passport?
Cheers
Steve


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## rsinner (Feb 3, 2009)

I am guessing that the "bond"is a penalty which you would need to pay if you leave the job within two years. It is contractual (and may be illegal) and most likely not clear cut - which would mean that there is a high probability that you would need to pay this amount.

Now for your other question: if you google and also search the forum, the probation period rules are not very clear. You may still have to give a one month notice (and your new employer should be able to wait for one month before you join).

Know the rules before switching jobs on probation | The National

Resignation notice the best option even during probationary period | The National

There could still be a ban. However, the workaround could be that you join a freezone company (including DIFC).

Best is to consult the MOL about this (google for their contact details).

If you have a decent MBA/PGDM degree, then there are must be alumni who you can reach out to for a job. Unfortunately the AED number when converted to INR sounds good, but few companies in the region offer an opportunity to learn and develop a career.


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## UltronR (May 12, 2015)

Hello guys!!

@Stevesolar & @rsinner - thanks for the information and suggestions.

To clarify my case further. Please find the excerpt from my bond here.
''To compensate and justify the expenses incurred by the employer, the employee confirms to serve the company for a minimum period of 24 months from the date of employment/agreement as per terms and conditions agreed upon mutually......................................... In case of cancellation of agreement before 24 months from the employee side then the employee can/ shall do so by paying upfront penalty of 20,000 AED without any jurisdiction to cover for the lapse stated above.''
In the offer letter it is mentioned that ''agreement can be terminated during probationary period and at any time thereafter by giving 1 month in writing. Company settles/recovers dues in lieu of notice. ''

My question now is:

Can I now apply ONLY in a freezone company? Am I stuck in this company for 2 years? and in case I get banned will I have to leave Dubai? Guys.. plss help.. kind of scared... as I am a fresher and don't have prior work experience.. I am new to these contracts and bonds...


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## Stevesolar (Dec 21, 2012)

UltronR said:


> Hello guys!!
> 
> @Stevesolar & @rsinner - thanks for the information and suggestions.
> 
> ...


Hi,
That clause is almost certainly against UAE labour law and would not therefore hold up in court.
Maximum penalty is 45 days salary (if you are on more than 13,300 per month - then 20,000 is a bargain!!) - if you resign before end of a fixed contract and don't give correct notice period.
If you have two contracts - a MOL contract and one from the company - then the MOL one trumps the company contract in all aspects of UAE labour law. 
Cheers
Steve


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## m214_214 (May 9, 2015)

From my experience, It depends on your job description on your visa.

If you are a Doctor or an Engineer,

Any pinalty during the prob period is against the UAE labour laws.


You can leave anytime during the 6month prob period.

If the employer refused raise a complaint with mol and they will support your case to move anywhere else.


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## rsinner (Feb 3, 2009)

Did you call up the Ministry of Labour? What did they say?

Even if the contract may be against the spirit of labour law, I DO NOT think it is a clear cut case of you being right and them being wrong. 

You are not stuck. You may not be banned (depends on your new job etc). However, you may still have to pay the 20K. 

There are lots of ways around the employment ban (e.g. working for the new company as a "consultant").


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## aanapremik7 (Jun 7, 2015)

Hi,
I am Working for 4 months and i want to quit my job as they lack professionalism,bad management and differentiality in the job assigned to me.so i cancel,there will be a 6 month ban.apart from it what all are th eprocedure.they are telling they will not cancel my visa.hw can i cancel my visa ?


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