Thinking about resigning just six months into your limited contract in the UAE? You’re not alone. Many employees receive better offers, face workplace challenges, or reconsider their long-term plans shortly after starting a new role.
But here’s the key question: Can you legally resign after 6 months — and will you have to pay compensation?
Under Federal Decree-Law No. 33 of 2021, resignation is permitted even within a fixed-term (limited) contract. However, your legal and financial exposure depends on:
- Whether you are still in probation
- Whether you serve the correct notice period
- Whether your contract includes enforceable compensation clauses
- Whether you follow proper resignation procedures
A limited contract does not mean you are “locked in” until the end date. But resigning without understanding the legal framework can lead to salary deductions, compensation claims, or disputes before Ministry of Human Resources and Emiratisation (MOHRE).
In this guide, we break down:
- ✔ Whether you can resign after 6 months
- ✔ Notice period requirements
- ✔ The truth about the “3 months’ salary penalty”
- ✔ Gratuity eligibility
- ✔ Labour ban risks
- ✔ Step-by-step resignation strategy
If you’re planning to resign — or your employer is challenging your resignation — this guide will help you understand your legal position clearly and strategically.
Understanding Limited (Fixed-Term) Contracts Under UAE Labour Law
Since February 2022, all private sector employment contracts in the UAE must be fixed-term contracts, with a maximum duration of three years (renewable).
A limited contract means:
- The employment has a defined start and end date
- The contract automatically expires unless renewed
- Early termination may trigger legal consequences
This structure replaced the old unlimited contract system.
Under current UAE employment law, early resignation is allowed — but it must comply with statutory notice and contractual terms.

Scenario 1: Resigning After 6 Months During Probation
What Does UAE Law Say?
Probation in the UAE:
- Cannot exceed 6 months
- Must be stated in the contract
- Allows either party to terminate employment with notice
If you resign during probation:
- You must give 14 days’ written notice if leaving the UAE
- If transferring to another employer inside UAE, longer notice (usually 1 month) may apply
- Recruitment cost reimbursement may apply in some cases
Important Clarification
If your 6 months fall exactly at the probation limit, your status depends on:
- Whether probation clause exists
- Exact resignation date
- Contract wording
Even a few days’ difference can change legal consequences.
Scenario 2: Resigning After Probation But Before Contract Ends
If probation is completed and you resign at 6 months in a 2-year contract, this is considered early termination of a fixed-term contract.
You are legally allowed to resign — but:
- You must serve the agreed notice period
- You must review compensation clauses
What Notice Period Applies?
Under UAE Labour Law:
- Minimum notice period: 30 days
- Maximum notice period: 90 days
- Notice must be in writing
Failure to serve notice allows the employer to:
- Deduct salary in lieu of notice
- Claim compensation for breach
If notice is properly served, resignation is legally valid.
Is There a 3 Months Salary Penalty for Early Resignation?

This is one of the most searched questions.
Short Answer:
There is no automatic 3-month salary penalty.
Compensation may apply only if:
- The contract includes a lawful clause
- Employer proves actual damage
- Resignation violates statutory notice
Compensation under law is generally limited and must be proportionate.
Blanket penalty clauses exceeding legal limits may not be enforceable.
Will I Receive Gratuity If I Resign After 6 Months?
No.
Under UAE Labour Law:
- Gratuity entitlement begins after completing 1 full year of continuous service.
If you resign at 6 months:
- No end-of-service gratuity
- Only final settlement of salary, leave balance, and dues
- Summary Table: Resigning After 6 Months in Limited Contract UAE
| Situation | Allowed? | Notice Required? | Compensation Risk? | Gratuity? |
|---|---|---|---|---|
| During probation | Yes | 14–30 days | Low (depends on case) | No |
| After probation | Yes | 30–90 days | Possible (contract-based) | No |
| Without notice | Risky | No | High | No |
Does Resignation After 6 Months Cause Labour Ban?
Under modern UAE labour reforms:
- Labour bans are less common than under old law
- If resignation follows legal procedure, bans are unlikely
- Breach of contract may affect mobility
MOHRE assesses compliance case-by-case.

What Happens If the Employer Refuses Your Resignation?
Under UAE Labour Law, employment cannot be forced.
An employer cannot legally compel an employee to continue working against their will.
However:
- Notice obligations must be respected
- Contractual compensation clauses may still apply
- Formal resignation process must be followed
If an employer refuses to process cancellation:
- Submit written resignation via email (retain proof).
- Serve notice period fully.
- Request written acknowledgment.
- If refusal continues, file complaint with MOHRE.
Employer obstruction may constitute a labour violation.
Can the Employer Claim Compensation If I Resign After 6 Months?
Compensation becomes legally relevant if:
- You resign without serving notice
- The contract includes a valid compensation clause
- The employer proves financial loss
However, under current labour law:
- Compensation must be reasonable
- It cannot exceed statutory limits
- It must be proportionate to actual loss
Arbitrary penalty clauses are challengeable in Labour Court.
Example: Compensation Risk Scenario
Case Example 1 — Lawful Resignation
- 2-year fixed-term contract
- Resignation after 6 months
- 30-day notice served
- No breach
Result:
- No gratuity
- No compensation
- Final settlement payable
Case Example 2 — Resignation Without Notice
- Employee stops attending work
- No written notice
- No proper handover
Employer may claim:
- Salary equivalent to notice period
- Demonstrable business losses (if proven)
This often escalates into MOHRE dispute.
What If Contract Mentions “3 Months Salary for Termination”?
This clause is frequently misunderstood.
Important Legal Clarification:
A contract clause stating automatic 3 months salary penalty:
- Must comply with UAE Labour Law
- Must not contradict statutory termination framework
- Cannot override mandatory legal protections
Courts assess:
- Fairness
- Proportionality
- Actual damage
Many employees mistakenly assume automatic liability.
Can I Change Employer After 6 Months?
Yes — subject to:
- Completion of probation
- Serving notice
- Compliance with labour regulations
Under modern reforms, mobility between employers is significantly easier than under older laws.
However:
- Immigration rules may apply
- Free zone regulations may differ
Each case depends on jurisdiction (mainland vs free zone).
Does Resigning After 6 Months Affect Visa Cancellation?
Resignation triggers:
- Labour contract cancellation
- Visa cancellation process
If resignation is lawful:
- Visa cancellation proceeds normally
- No automatic penalties
If dispute exists:
- Employer may delay process
- MOHRE intervention may be required
Key Legal Risks Employees Should Evaluate
Before resigning after 6 months, consider:
- Is probation completed?
- What notice period does contract state?
- Does contract contain compensation clause?
- Is there any misconduct allegation risk?
- Are there unpaid salary issues?
- Is there a pending performance warning?
Strategic resignation planning reduces legal exposure.
Strategic Legal Insight
From a litigation perspective, most disputes arise due to:
- Improper notice
- Misunderstood contract clauses
- Emotional resignations without documentation
- Employer misinterpretation of compensation rights
Proper documentation significantly reduces risk.
When Should You Consult a Labour Lawyer?
You should seek legal guidance if:
- Employer is demanding compensation beyond notice salary
- A labour ban is threatened
- You are unsure about probation status
- Employer refuses to cancel visa
- MOHRE complaint has been filed
- There is pending disciplinary investigation
Early intervention prevents escalation into formal litigation.
Legal Framework Governing Resignation in UAE
Resignation rules derive from:
- Federal Decree-Law No. 33 of 2021
- Executive Regulations
- Contractual obligations
- MOHRE enforcement framework
Older labour law articles (from pre-2022 legislation) may not fully apply.
Probation vs Post-Probation Resignation After 6 Months (Comparison Table)
If your 6-month mark falls around the probation period, your legal position changes significantly.
| Factor | During Probation | After Probation |
|---|---|---|
| Resignation Allowed | Yes | Yes |
| Notice Required | 14–30 days | 30–90 days |
| Compensation Risk | Low (case-based) | Possible if contract breached |
| Gratuity Eligibility | No | No (until 1 year completed) |
| Labour Ban Risk | Rare (if compliant) | Rare (if compliant) |
| MOHRE Dispute Risk | Low | Moderate if notice violated |
Key Insight: The legal difference is not whether you can resign — but how you resign.
Step-by-Step: How to Resign Properly After 6 Months in a Limited Contract
Step 1: Review Your Employment Contract
Check:
- Probation clause
- Notice period duration
- Early termination clause
- Compensation wording
Step 2: Submit Written Resignation
Your resignation should:
- Be dated
- Clearly state last working day
- Reference notice period
- Be sent via email or official channel
Avoid verbal resignation.
Step 3: Serve Full Notice Period
Do not:
- Stop attending work
- Take extended leave without approval
- Leave country without clearance
Failure to serve notice increases dispute exposure.
Step 4: Request Final Settlement Calculation
Your final settlement may include:
- Salary up to last working day
- Unused annual leave
- Reimbursements
- Any pending dues
Since service is under 1 year, gratuity will not apply.
Step 5: Ensure Labour & Visa Cancellation
The employer must process:
- Labour contract cancellation
- Emirates ID cancellation
- Visa cancellation
Common Legal Myths About Resigning After 6 Months
Myth 1: “I Must Pay 3 Months Salary If I Leave Early”
False.
Compensation depends on:
- Contract wording
- Notice compliance
- Demonstrable employer loss
There is no automatic 3-month penalty.
Myth 2: “I Will Get a Labour Ban”
Under current reforms, labour bans are uncommon if resignation is lawful.
Myth 3: “Employer Can Refuse My Resignation”
Incorrect.
Employment cannot be forced.
However, notice obligations remain binding.
Myth 4: “Limited Contract Means I Cannot Resign”
You can resign.
But early termination must follow statutory process.
What If Employer Terminates You Instead?
If the employer terminates the contract after 6 months:
- Notice must still be given
- Final dues must be paid
- Termination must not be arbitrary
Termination without notice may be lawful only in serious misconduct cases.
When Disputes Escalate to Litigation
Resignation disputes escalate when:
- Compensation demands exceed legal limits
- Employer delays visa cancellation
- Salary is withheld
- False misconduct allegations arise
At that stage, enforcement may involve:
- MOHRE mediation
- Labour Court filing
- Litigation proceedings
resign after 6 months – Frequently Asked Questions
Can I resign after 6 months in limited contract UAE?
Yes, provided you comply with probation and notice requirements.
Is resignation during probation allowed?
Yes, with proper notice (14–30 days depending on situation).
Can employer demand compensation automatically?
No. Compensation must comply with UAE Labour Law and be proportionate.
Will I receive gratuity after 6 months?
No. Gratuity requires at least 1 year of service.
What if employer refuses cancellation?
You may file a complaint with MOHRE.
Authority Positioning
Resignation timing, compensation exposure, and notice compliance can materially affect your legal and financial position.
While many cases resolve smoothly, disputes frequently arise due to:
- Poor contract drafting
- Misinterpretation of penalty clauses
- Failure to follow statutory notice
- Employer overreach
Careful legal review before resignation reduces litigation risk.
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