It’s important to know your rights in the event that an employment offer is rescinded after acceptance in the competitive Dubai and UAE job market.
Suppose the following: you work for a firm for five years, and then there’s an exciting internal promotion that comes with a big pay increase. After accepting the offer, the employee quits from their existing position and a transition plan is initiated. But after four weeks, the offer is unexpectedly withdrawn because of “restructuring,” which leaves the person in an awkward predicament.
United Arab Emirates Legal Structure for Job Offers
In the United Arab Emirates, Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, in conjunction with Ministerial Decree No. 46 of 2022 and Administrative Resolution No. 38 of 2022, regulate the employment process, particularly with regard to offer letters. According to these requirements, an offer letter that fully outlines the terms of employment must come before the employment contract.
The MOHRE’s Role
In the employment ecosystem, the Ministry of Human Resource & Emiratization (MOHRE) is essential. An offer letter must be sent by an employer for a new position or internal promotion. If approved by MOHRE, the letter will then become an employment contract. The agreed-upon employment terms’ validity and enforceability are guaranteed by this procedure.
When an Offer is Withdrawn
The situation gets complicated if an employer decides to revoke an offer letter, especially if the employment contract hasn’t been modified to reflect the new job. It becomes difficult to file a complaint with MOHRE if there isn’t a legitimate employment contract on file.
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Legal Recourse
Employees who get a withdrawn offer letter may think about suing their company in civil court to recover lost wages and other damages. Examining the employer’s internal policies is crucial when it comes to the legitimacy and enforceability of offer letters, particularly when internal promotions or hiring occurs.
Inside Policies of the Employer
An employee may be able to demand that the new post be filled in accordance with the offer if the employer’s policy regards an offer letter that has been made for internal promotions or recruitments as obligatory. The Employment Law states that in the event of a dispute, organisational rules that are more advantageous to the worker than the legislation itself would take precedence.
Results
In Dubai and the UAE, handling the cancellation of a job offer might be difficult. Nonetheless, being aware of the law and your rights will enable you to pursue the proper action. There are methods to resolve concerns and seek justice for wrongs experienced in the employment process, whether through MOHRE or the legal system.
