Arab News
Khaleej times, Wed, Mar 19, 2025 | Ramadan 19, 1446
UAE: Will employees face legal trouble for refusing a job offer after accepting it via email?
Emirates:
Question: I
received a job offer from a Dubai-based company that I accepted via email. I did
not sign anything but emailed the company to say I was accepting it. Now, I have
received a better offer from another company that I really want to accept. Will
I face any legal trouble if I decline the first offer now?
Answer: An offer letter may be issued by
an employer to an employee in the format stipulated by the Ministry of Human
Resources and Emiratisation (MoHRE) and in accordance with Ministerial Decree
No. 46 of 2022 regarding Work Permits, Job Offers and Employment Contracts
Forms.
Thereafter, an employer and employee need to sign an employment contract in line
with Article 2(1) of the Ministerial Decree No. 46 of 2022, which states,
“Pursuant to the provisions of the Decree-Law and its Executive Regulations, an
employer who wishes to employ any employee must abide by the following:
Utilise the approved standard employment
contract that conforms with the job offer when requesting the issuance of the
work permit. It is permissible to add more benefits to the employee 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.”
Furthermore, Article 8(1) of the Federal
Decree-Law No. 33 of 2021 on the Regulation of Employment Relations states that,
“The employer shall enter into an employment contract with the employee
according to the agreed model of work. The employment contract shall be made in
duplicate, one copy to be given to the employer and the other to the employee,
in accordance with the templates specified by the executive regulations of this
Decree-Law."
Based on the aforementioned provisions of law,
the job offer you received from a company in Dubai may be considered as an
agreement once you sign and accept the same. However, an offer letter may be an
informal agreement and may be not enforceable by law. Whereas, a contract is a
formal agreement and it is enforceable by law. Thus, all contracts are
agreements, but all agreements are not contracts.
As you have not signed anything with your
prospective employer, you may decline the job offered by a company in Dubai and
the said company may not force you to be employed with it. This is in accordance
with Article 14(1) of the UAE Employment Law, which states, "An employer may not
use any means susceptible of obliging or forcing the employee, or threatening
him with any penalty, to work for him, or forcing him to do work or deliver a
service against his will.”
Based on the aforementioned provisions of law,
you may decline the job offer by a company in Dubai and accept the new offer of
employment if you feel it is beneficial to you. However, under other applicable
laws in the UAE, acceptance by electronic mail may be binding. This needs to be
examined further. You may consult a legal practitioner for further advice.