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UAE jobs: How to ensure your offer letter is genuine
Here is how those moving to the country can avoid getting scammed by fake job offers
Question: I am based in India and received an offer letter from a Dubai-based company after an online interview. How can I make sure that the offer letter is genuine?
Response: Pursuant to your queries, it is assumed that you have received an offer letter from a mainland company located in Dubai. Therefore, the provisions of Ministerial Decree No. 46 of 2022 Regarding Work Permits, Job Offers and Employment Contracts' Forms (the ‘Ministerial Decree No. 46 of 2022’) and Administrative Resolution No. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 Regarding Work Permits, Offer Letters and Employment Contract Forms (the 'Administrative Resolution No. 38 of 2022') are applicable.
In the UAE, an employer of a mainland entity should issue an offer letter to its prospective employee prior to recruiting him or her. Thereafter, the same terms as mentioned in the offer letter should be mentioned in the employment contract. The employment contract may contain additional terms as mutually agreed between an employer and an employee, provided it is advantageous to an employee. This is in accordance with Article 2(1) of the Ministerial Decree No. 46 of 2022, 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 annexes to the contract provided that it does not conflict with the provisions of the decree-law and its executive regulations."
Further, the offer letter issued by an employer should be in the format prescribed by Ministry of Human Resources and Emiratisation (the ‘MOHRE’). This is in accordance with Article 1 of Administrative Resolution No. 38 of 2022, which states: "In accordance with 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."
You may verify the authenticity of the offer letter at the UAE embassy or consulate in your home country. You can also do this via the enquiry section of the MOHRE website.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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