Arab News
Khaleej times, Sun, Mar 16, 2025 | Ramadan 16, 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.