A person wants to find out what they can do if their new job offer gets taken away after they quit their old job.
If you’re worried about a job offer from a company in Dubai being withdrawn after you quit your current job, there are laws in place to protect you. The Ministry of Human Resources and Emiratisation (MoHRE) has set rules that mainland companies in Dubai must follow. You can refer to Ministerial Decree No. 46 of 2022 and Administrative Resolution No. 38 of 2022 for guidance.
When hiring a new employee in the UAE, the employer usually provides an offer letter that outlines the job’s terms and conditions. These same terms and conditions should be included in the employment contract. Any additional terms and conditions beyond this should only be added if they benefit the employee.
This is under Article 2(1) of the Ministerial Decree No. 46 of 2022.
“Under the provisions of the Decree-Law and its Executive Regulations, an employer who wishes to employ any employee must abide by the following:
Utilize the approved standard employment contract that conforms to the job offer when requesting the issuance of the work permit. It is permissible to add more benefits to the worker in the contract than those mentioned in the job offer; it is also permissible to add Annexes to the contract provided that it does not conflict with the provisions of the decree-law and its executive regulations.”
Administrative Resolution No. 38 of 2022 states that an offer letter issued by an employer should be in the format prescribed by the MoHRE. An employer needs to submit a signed offer letter between an employer and a prospective employee while applying for a work permit of an employee. Once an employer submits all documents/ requirements along with the signed offer letter and payment of relevant fees to MoHRE, an employment contract is signed between an employer and a prospective employee which will be a legally binding contract once the same is registered with the MoHRE.
A signed offer letter may be considered as an agreement of mutual understanding between an employer and its prospective employee. However, a signed employment contract is a legally binding agreement. Therefore, the employment contract is the most important document to have.
“All contracts are agreements, but all agreements are not contracts.”
If your potential employer cancels the offer letter they gave you, you might not be able to complain to the Ministry of Human Resources and Emiratisation (MoHRE) because they only consider you an employee once your employment contract is registered with them. However, you could think about taking legal action against the employer in a UAE court. This could help you seek compensation for losing your current job, financial losses, and any other harm caused by the withdrawal of the job offer letter.
