If you’ve received a job offer from a UAE-based company, it’s natural to feel excited. But before booking your flight and packing your bags, take a moment to confirm whether the offer is legally valid and enforceable. In the UAE, a signed offer letter between an employer and a prospective employee may be considered an agreement, but not necessarily a contract.
Offer letter vs. employment contract
In general legal terms, an agreement (like an offer letter) can be informal, while a contract is a formal agreement enforceable by law. In other words, all contracts are agreements, but not all agreements are contracts. When recruiting in the UAE, employers must issue an official offer letter detailing employment terms and conditions. These terms must then appear identically in the employment contract. The employer and employee may also add more favourable terms for the employee if both agree. This is supported by Article 2(1) of Ministerial Decree No. 46 of 2022 regarding work permits, job offers, and employment contract forms, which states: “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 annexure to the contract provided that it does not conflict with the provisions of the decree-law and its executive regulations.”Use only MOHRE-approved offer lettersAn offer letter must follow the format prescribed by the Ministry of Human Resources and Emiratisation (MOHRE). As per Article 1 of Administrative Resolution No. 38 of 2022, it is mandatory to use the e-forms available on the MOHRE system: “By the guidelines attached herein, electronic forms (e-forms) provided in Mohre system for work permits, offer letters, and employment contracts shall be adopted and implemented.” When applying for a work permit, employers must submit a signed offer letter and other required documents to MOHRE. After approval and payment of the required fees, an official employment contract is created.
How to verify your job offer
Before making any commitments, you should contact MOHRE to verify whether the offer letter you’ve received is legitimate and recorded in their system. If your offer letter is not in MOHRE’s approved format, you have the right to request one that is. In some cases, you may also approach the UAE Embassy in your country (such as the UK) for assistance in verifying the authenticity of your job offer, if such services are provided.
If the employer rescinds the offer
It’s important to understand that if your prospective employer rescinds the offer letter and you haven’t signed an employment contract or been issued a work permit, MOHRE may not accept your complaint. This is because an employer and employee are only considered parties to an official employment relationship once a valid contract is signed and registered with MOHRE.
Legal recourse for rescinded offers
If the offer is revoked and you suffer monetary loss or damage as a result, you may consider filing a civil case against the prospective employer in a UAE court that has jurisdiction over such matters. This can be pursued under civil liability claims, particularly if you can prove that the employer’s actions led to demonstrable harm such as travel arrangements made in anticipation of employment.In summary:
- Always ask for a MOHRE-approved offer letter.
- Verify the offer letter with MOHRE before making travel or visa arrangements.
- You are not legally considered an employee until a contract is signed and a work permit is issued.
- If your offer is revoked unfairly, you may file a civil case for compensation.
Staying vigilant during your job search and relocation process can save you significant hardship later. Always verify first—then move with confidence.
