UAE Job Offer Withdrawal: Complete Legal Guide for Employers and Employees 2025
Complete guide to UAE job offer withdrawal rights. Learn about AED 120,000 court awards, employer liability, MOHRE vs civil courts, and protective steps.
Key Takeaways
- All employment contracts in UAE must be limited-term (fixed-term) under the new labour law
- Contracts must be registered with MOHRE within 14 days of signing
- Notice period must be between 30-90 days as specified in the employment contract
Receiving a job offer in the UAE represents an exciting career milestone, but what happens when an employer withdraws that offer before you start work? The legal landscape surrounding job offer withdrawal in the UAE reveals a significant gap between offer letters and employment contracts that both employees and employers need to understand.In 2024, Abu Dhabi courts awarded compensation of AED 120,000
and AED 100,000 in separate cases where employers withdrew job offers after candidates resigned from their previous positions. These landmark rulings established important precedents about employer liability and employee rights in situations that Federal Decree-Law No.33 of 2021 doesn't explicitly address.Whether you're an employee who has received an offer or an employer managing recruitment, understanding
when MOHRE has jurisdiction, when civil courts apply, and what protective measures exist can prevent costly disputes and legal complications. This comprehensive guide covers both perspectives to help you navigate this complex area of UAE employment law.Understanding the Legal Gap in UAE Labour LawFederal Decree-Law No.33 of 2021 governs private sector employment in the UAE, yet it contains no specific
provisions addressing job offer withdrawal. This creates a critical jurisdictional void that catches many parties by surprise.Article 8 of the Labour Law establishes that employment contracts must be fixed-term with a maximum duration of three years, written, and registered with MOHRE. The law only activates upon this registration. Until that moment, MOHRE cannot exercise jurisdiction over disputes
because no formal employment relationship exists in their system.This means offer letters—even those using MOHRE's prescribed format—remain preliminary agreements rather than binding employment contracts. The Dubai Court of Cassation confirmed in Judgment 182/2016 that employment contract terms supersede offer letter terms when conflicts arise, and provisions not reproduced in the final contract
may be deemed excluded.When Civil Law Takes OverSince labour law doesn't cover offer letter disputes, affected parties must turn to the UAE Civil Code instead. Several articles become relevant:Article 282 establishes basic tort liability: "Any harm done to another shall render the actor liable to make good the harm." This provides the foundation for compensation claims when employers withdraw offers
in bad faith.Article 389 addresses damages calculation: compensation must cover "the amount of harm suffered...together with loss of profit, provided that is a natural result of the harmful act." Courts use this provision to award both actual financial losses and opportunity costs.Article 293 recognizes moral damages including "violation of honour, dignity, reputation, social standing"—particularly
relevant when withdrawal damages professional reputation or causes family disruption.Abu Dhabi Court Precedents: What Compensation Was Awarded?Two 2024 Abu Dhabi rulings prov...
About This Article
This article provides general information about UAE labour law and employment regulations. The information is based on Federal Decree-Law No. 33 of 2021 and subsequent amendments. For specific legal advice regarding your situation, please consult with a qualified legal professional or contact the Ministry of Human Resources and Emiratisation (MOHRE).