UAE: Can employees face legal trouble for refusing a job offer after accepting it via email?
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.
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