Between yes and day one: keeping a new hire through the notice period

Hires are rarely lost in the interviews. They are lost in the weeks between an accepted offer and the first morning. What to do each week, and the UAE rules that decide the timing.

6 min read
The seat is signed for. It is not filled until someone sits in it.

The offer is accepted, the contract is signed, and the start date is a month or more away. For the hiring manager, the notice period is the quiet part: the search is over. For the person you hired it is the hardest month of the process. They have told their current employer they are leaving, and that employer now has every reason, and several weeks, to change their mind.

Why hires are lost during the notice period

Nothing in a hiring process prepares a company for the notice period, because the company thinks the work is done. The candidate knows it is not. They are sitting at their old desk, treated either coldly or suddenly very kindly, fielding a counter-offer, taking calls from recruiters who have heard they are moving, and hearing nothing at all from the business that just hired them.

Silence reads as doubt. A candidate who hears nothing for three weeks starts to wonder whether the role still exists, whether the salary was a mistake, whether the team they met is the team they will join. Every one of those doubts is something a counter-offer can use.

In the UAE the gap is rarely short. Under Article 43 of the Labour Law, the notice period is whatever the contract says, between 30 and 90 days, and it binds both sides. Senior people usually sit at the long end.

30 to 90

days: the notice period a UAE employment contract can set, under Article 43 of the Labour Law. Both sides are bound by it.

The calendar that keeps a hire

None of this costs money. It is a handful of dates in a calendar and one named person who owns them. Put them in on the day the offer is signed.

  1. Day 1: The hiring manager calls Not HR, and not an email. Two minutes on the day the offer is accepted, so the first thing the new hire hears is that a person is pleased.
  2. Week 1: The paperwork goes out The contract, the document checklist for the work permit and visa, and a plan for the first week. Someone holding real documents feels committed; someone waiting for them feels optional.
  3. Week 2: They meet a future colleague A coffee or a short video call with one peer. It turns a company into people, and people are harder to walk away from.
  4. Every week: A short check-in, every week Ask how the handover is going and whether their employer has said anything. This is where you hear about a counter-offer while there is still time to talk about it.
  5. Final week: The first morning is confirmed Where to go, who meets them, what they will do before lunch. Specific plans make the start feel inevitable.
The candidate who hears nothing for three weeks starts to wonder whether the job is still there. Their current employer makes sure they do.

Start the work permit in week one

The paperwork runs on its own clock, and the two cases work very differently.

If you are hiring from abroad

You can do almost everything during the notice period. The candidate signs MOHRE's official job offer, you apply for the work permit, and the entry permit follows. Under MOHRE's published service times the work permit takes two working days, and the entry permit, which needs valid health insurance, is valid for 60 days for them to enter the country. After they land there are up to 60 days to finish the medical, the Emirates ID and residence. The Work Bundle platform combines these steps and has covered every emirate since June 2024. So start in week one of their notice, not in the week before they fly.

If they already work in the UAE

Here the order is fixed by the rules, and it catches people out. A person cannot hold two active work permits, so their current permit has to be cancelled before your transfer work permit can be issued. In practice that means the transfer happens at the end of their notice, not the start. Use the notice period to get everything else ready, including the signed MOHRE offer and every document on the checklist, so you can file the day the old permit is cancelled.

StepHiring from abroadHiring someone already in the UAE
MOHRE job offerSigned in week oneSigned in week one
Work permitApplied for straight awayOnly after their current permit is cancelled
Entry permitIssued before they travelNot needed
Medical, Emirates ID, residenceWithin 60 days of arrivalAfter the transfer
Labour contractWithin 60 days of entryWithin 60 days of the change

If they are still on probation

This is the rule most hiring managers have never read, and it matters most when you hire someone who only recently started their current job. Under Article 9 of the Labour Law, probation lasts up to six months. An employee who leaves during probation to join another employer in the UAE must give at least one month's written notice, and the new employer compensates the old one for the cost of recruiting that person, unless they agree otherwise.

So ask the question at offer stage: when did you start your current role? If the answer is under six months ago, the start date and the budget both need a conversation before the offer goes out, not after.


When the counter-offer lands anyway

Sometimes it happens regardless. When it does, the worst move is to match the number by reflex. Listen to what the candidate is telling you first, because the words usually say more than the figure.

If they sayIt usually meansWhat to do
"They offered me more money."They want to know you still want them.Restate why you chose them before you talk about pay.
"My manager asked me to stay."Loyalty and guilt, not salary.Let them talk, then point back to why they started looking.
"I need to think about it."The decision is half made.Ask for a call within a day, with the hiring manager on it.
"They are promoting me."The promotion may be new.Ask whether it was on the table before they resigned.

If you do improve your offer, do it once, in writing, and for a reason you would be comfortable explaining to the rest of the team. A bidding war teaches the new hire that the way to a raise is to threaten to leave, and they will remember it.

Questions employers ask

Can the new hire start before their notice period ends?

Only if their current employer agrees. The Labour Law lets the two parties agree to waive or shorten the notice period, but it is their agreement to make, not yours. Ask the candidate to raise it early and in writing.

Can their non-compete stop them joining us?

Sometimes. Under Article 10 of the Labour Law a non-compete can only apply where the job gave access to clients or trade secrets, and for no more than two years. The Executive Regulation adds cases where it does not apply at all, including a contract that ended during probation. If a candidate has one, read it before the offer, not after.

Can we ask the candidate to pay their own recruitment costs?

No. The Labour Law does not allow an employer to charge a worker for the cost of recruiting them.

Can the current employer hold their passport to stop them leaving?

No. Article 13 of the Labour Law says an employer may not keep a worker's official documents. If a candidate tells you it has happened, they can raise it with MOHRE.

The same conversation looks different from the other chair: our guide for people resigning covers the counter-offer from the candidate's side. When you are ready to hire, tell us about the role.

Written by Zain Tariq

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