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UAE: Rights of jobseekers when offer letter is withdrawn.

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Inquiring about the legal recourse available to a reader whose brother had an offer letter rescinded by a company, the situation involves a scenario where the brother, after five years of employment, received a promising offer for a new role within the same company, accompanied by a significant salary increase. Upon accepting the offer and formally resigning from his current position, the brother entered a transition period agreed upon by both his current and prospective managers to facilitate a smooth handover.

However, four weeks later, the offer was unexpectedly withdrawn, citing restructuring reasons. Despite not signing the withdrawal letter sent by the organization, the brother found himself in a perplexing situation when the same position he was offered was reopened by the company, with HR citing "realignment" as the reason for the withdrawal. Despite expressing interest in reapplying, the brother was informed that he could not do so. In light of these circumstances, the question arises as to what legal steps can be taken.

The response provided delves into the legal framework governing employment relations in the UAE, assuming that the brother is employed by a mainland company and has been reinstated in his previous role following the withdrawal of the offer. Emphasizing the applicability of relevant laws and regulations, including Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, the response outlines the procedures and requirements set forth by the Ministry of Human Resources and Emiratisation (MOHRE) regarding offer letters, employment contracts, and work permits.

According to the laws and resolutions cited, an employer in the UAE is required to issue an offer letter outlining the terms and conditions of employment, which should subsequently be reflected in the employment contract. The format and content of the offer letter are regulated by Ministerial Decree No. 46 of 2022 and Administrative Resolution No. 38 of 2022, ensuring compliance with MOHRE guidelines. Moreover, the response highlights the significance of having a valid employment contract registered with MOHRE for legal recognition of the employment relationship.

In the absence of a signed employment contract and work permit for the new role, MOHRE may not entertain complaints related to the withdrawal of the offer letter. However, the response suggests exploring legal options through civil litigation against the employer to seek compensation for any losses incurred due to the rescinded offer. Additionally, the possibility of invoking internal organizational policies that prioritize employee rights, as outlined in Article 65(4) of the Employment Law, is discussed as a potential avenue for recourse.

Ultimately, the response advises seeking further legal advice from MOHRE or a legal practitioner in the UAE to navigate the complexities of the situation and explore available remedies. By analyzing the legal framework and offering guidance on potential courses of action, the response aims to provide clarity and assistance to individuals facing similar employment-related challenges in the UAE.

March 4, 2024 1:03 p.m. 12052

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