Can You Legally Reject a Job Offer After Accepting It by Email in the UAE?
It is not uncommon for applicants to have more than one job offered to them within the UAE's highly competitive job market. Sometimes, even after accepting a job offer through email, a better option arises. This often raise to a very important question: Will you end up in legal trouble for rejecting a job offer after having accepted it through email in the UAE?
Before making a decision, it is important to understand the legal implications. This article is going to discuss the legal framework that surrounds job offers and employment contracts in the UAE, to determine whether one can be prosecuted for declining an accepted job offer.
What is the UAE Law on Job Offers?
Under UAE law, employment is regulated by Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations and other rules and regulations that have been issued by the Ministry of Human Resources and Emiratisation (MoHRE). One important aspect is the treatment of job offers and employment contracts in the law.
A job offer is usually provided by the employer, which contains the conditions for employment. This offer is considered the initial employment contract, and the employee and employer must sign it to create a binding contract. In accordance with Ministerial Decree No. 46 of 2022, employers must use an approved standard employment contract that matches the job offer for the purposes of obtaining a work permit for the employee.
The Distinction between a Job Offer and an Employment Contract
It is critical to define the terms of a job offer and an employment contract. Under UAE law:
A job offer is not a legally binding contract and is usually not enforceable unless it is converted into a formal employment contract.
On the other hand, an employment contract is a legally enforceable contract which is signed by both parties to the contract.
This means that although an email response to a job offer could be regarded as an informal agreement, it does not have the same legal standing as a signed employment contract.
Can You Decline an Accepted Job Offer?
You are legally entitled to reject a job offer if you accepted it by email but have not signed the employment contract. Article 14(1) of UAE Employment Law clearly states that employers cannot compel workers to work against their will. This provision is to the effect that employees cannot be forced to take up employment or to discharge the terms of a job offer without a contract.
Furthermore, the legal provisions state that:
Employers cannot threaten, coerce, or penalize employees to force them to work for them.
It is important to note that the employees are free to make decisions on employment matters in their best interest until the employment contract is signed.
What if a job offer is accepted through Email?
Although, it is possible to rescind a job offer that has been accepted via email, it is important to note that electronic acceptance may be recognized as legal in other laws of the UAE. This means that whereas the offer letter may not be legally binding, the way of acceptance may be challenged. To avoid any issues, it is best to seek the advice of a legal practitioner.
When to Seek Legal Advice
If you are unsure of your legal position or if the employer is putting pressure on you to go ahead, it is advisable to seek the services of a lawyer. Employment lawyers can review the job offer, check for any legal implications that you may be subjected to, and advise on the best course of action to take when withdrawing your acceptance.
Can You Decline a Job Offer Without Legal Trouble?
You can generally decline a job offer without any legal consequences if you have only accepted the job via email and not signed an employment contract. You cannot be forced to work or be punished for withdrawing your acceptance.
However, due to the legal intricacies involved in electronic communication, it is advisable to seek advice from an experienced employment lawyer to protect yourself as much as possible.
Best Practices for Navigating Job Offers in the UAE
When handling job offers you should follow these guidelines to achieve smooth transitions:
? Always review your offer details completely before you decide to accept it, confirm it, check if it matches your professional targets and monetary needs and workplace culture.
? Maintain professional conduct by declining accepted offers promptly through proper communication.
? Consult a lawyer to understand legal aspects when you are unsure about your situation because this advice will protect your rights.
? The act of signing an employment contract creates a legally enforceable agreement between you and your employer. You should obtain complete information before making this commitment.
How HHS Lawyers Can Assist You
At HHS labour lawyers in Dubai, we have a team of lawyers who can assist you in matters relating to job offers, employment contracts and your rights under the UAE labour law. Whether you require assistance in declining an offer or dealing with other employment issues, we are here to help you.
Get in touch with HHS Dubai Lawyers today and have your employment rights protected and get professional legal advice that is relevant to you.
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