Can a company force an employee to come to work after accepting a job offer via email?
[ad_1]
The reader is reconsidering the new offer since the current employer made a lucrative counteroffer.
Ask: I recently received a job offer from a Dubai based company via email. I responded saying I accepted the offer. However, my current employer made a counteroffer to hire me, which I am considering. Can I now reject the job offer from the other company?
Answer: As per your queries, it is assumed that you have received a job offer from a continental company based in Dubai, and it is further assumed that the said company has sent you an offer letter in the format stipulated by the Ministry of Human Resources and Emiratization (MoHRE). Therefore, the provisions of Federal Decree-Law No. 33 of 2021 on the Regulation of Labor Relations and Ministerial Decree No. 46 of 2022 on Work Permits, Job Offers and Employment Contract Forms will be complied with. .
In the United Arab Emirates, an employer can issue an offer letter to an employee in the format stipulated by MoHRE and in accordance with Ministerial Decree no. 46 of 2022. Thereafter, the employer and the employee must sign an employment contract. This is in accordance with article 2 (1) of Ministerial Decree No. 46 of 2022, which states,
“In accordance with the provisions of the Decree Law and its Executive Regulations, the employer who wishes to employ a person must observe the following:
* Use the approved standard employment contract that conforms to the job offer when requesting the issuance of the work permit. It is allowed to add more benefits to the employee in the contract than those mentioned in the job offer; It is also permitted to add Annexes to the contract as long as they do not contradict the provisions of the decree law and its executive regulations.”
Furthermore, Article 8(1) of the Employment Act states that
“The employer will enter into an employment contract with the worker according to the agreed work model. The employment contract will be formalized in duplicate, one copy will be delivered to the employer and the other to the worker, in accordance with the models determined by the executive regulations of this Decree Law.”
Based on the above-mentioned legal provisions, the offer letter issued by a company in Dubai can be considered an agreement once you sign and accept it. However, an offer letter may be an informal agreement and may not be enforceable by law. Whereas a contract is a formal agreement and is enforceable by law. Therefore, all contracts are agreements, but not all agreements are contracts.
Therefore, you may have the right to refuse work offered by a company in Dubai, and such company cannot force you to work for it. This is in accordance with article 14(1) of the Employment LawWhat states
“The employer may not use any means likely to force or compel the worker, or threaten him with any penalty, to work for him, or force him to perform work or provide a service against his will.”
News Source: Khaleej Times
[ad_2]
