Navigating Withdrawn Job Offers in Dubai

Job Offer Withdrawn in Dubai: What Can Job Seekers Do?

Many foreign workers in the United Arab Emirates might face the frustrating situation where a company withdraws a job offer after the individual has already resigned from their previous job and possibly even started the transition process for the new position. While such a move might initially seem unlawful or unethical, the legal assessment of the situation is more complex, especially based on regulations applied to mainland companies in Dubai.

This entry explores what a job offer legally means in Dubai, when it becomes a binding contract, and what legal options are available to the employee if the employer unilaterally withdraws the offer.

What constitutes a contract in the UAE?

The labor regulations in the United Arab Emirates are overseen by the Ministry of Human Resources and Emiratisation (MOHRE). Typically, the employer is required to issue an official job offer (offer letter) to the candidate. This offer contains the main terms related to the position, such as salary, job role, work hours, and other benefits.

It’s important to understand, however, that a signed job offer in itself does not constitute a legally binding employment contract. It’s merely a preliminary agreement that can guide the later contract-making process but does not in itself create a legal obligation for employment. The final, legally valid employment contract comes into existence when the employer formally submits the work permit application through the MOHRE system, and the contract is prepared alongside this.

What does the law say about withdrawn job offers?

According to Ministerial Decree No. 46 of 2022, the employer must provide content in the employment contract submission that corresponds to the pre-issued offer. They may include additional favorable terms in the employment contract, but these cannot contradict the decree and its enforcement regulations.

According to article 38 of the Administrative Resolution, the MOHRE-approved electronic format must be used for job offers and contracts. After the job offer submission, once all necessary documents and fees have been processed, the system generates the valid employment contract.

If the employer withdraws the job offer before this process, there is legally no valid employment contract yet. However, unilateral withdrawal can, in some cases, lead to compensation claims, especially if the employee has demonstrably suffered financial or moral damage.

What can the employee rely on?

In this situation, the employee can rely on two important concepts:

1. The principle of good faith, which is also guiding in the UAE legal system. If the job offer arrived in a serious and official document form, and the employee resigned based on this, losing their previous job, it may be legally justified to file a compensation claim in certain cases.

2. The legitimate expectation of contract conclusion, which the employee can use as a basis to commence litigation against the new employer. This must be justified with documents, such as the resignation statement, proof of terminated employment with the previous employer, and a copy of the offer letter.

What to do in this situation?

If someone is harmed in this way in Dubai or other emirates of the UAE, the following steps should be considered:

Seek legal aid from the MOHRE – their customer service center can help initiate the appropriate process.

Initiate conciliation procedures – this is often a prerequisite for court proceedings.

File a lawsuit with the labor court – if reconciliation does not yield results, the employee can lodge a claim with the competent labor court.

Claim compensation – if they can prove that the withdrawal of the job offer rendered them unemployed, resulted in income loss, or caused visa issues.

Resolving visa status

The situation is further complicated if the previous employer has already closed the visa or demanded its cancellation. It is particularly crucial that labor disputes are clarified promptly, as expired or invalid visas can lead to serious immigration issues. UAE authorities generally provide a short grace period after visa cancellation for the affected individual to find new opportunities, but this is valid within a limited time.

Conclusion

While in the United Arab Emirates a job offer does not yet constitute automatic employment, the employer cannot abuse this situation without consequences. If a company unilaterally withdraws the offer after the candidate has taken steps, it can have severe consequences, and the employee has the right to enforce claims through legal avenues. In Dubai and the UAE, labor procedures are fast and transparent, especially if the employee has appropriate documents and evidence.

The most important lesson: never resign based solely on a job offer. Wait for the official employment contract and issuance of the work permit. If trouble arises nonetheless, it is worth seeking expert help as soon as possible to minimize legal and financial losses.

(Source of the article based on the communication of the Ministry of Human Resources and Emiratisation (MOHRE).)