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Can employee resign after probation and join a competitor?

Gulf News

|

May 09, 2025

I am a business owner. Three months ago, I hired an individual from his home country and paid for his travel, residency permit and training. However, he has resigned after completing his probationary period and joined a competitor. What legal action can I take? Do I have the right to demand all the expenses that I incurred? Can I file a lawsuit against the company that employed him and seek compensation?

- MOHAMMAD EBRAHIM AL SHAIBA

If the employee had resigned during his probation period and joined the competitor, you would have the right to be compensated for the expenses you incurred, including from the new company. However, given that he has completed the probationary period, you are not eligible for these rights.

According to Article 9 of the labour law, in the event that a worker wishes to change jobs during the probation period, he must notify the employer in writing a month ahead of terminating the contract. The new employer is then required to compensate the original employer for the costs of recruiting, or contracting, the worker, unless agreed otherwise.

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