Here’s how those moving to the country can avoid being scammed by fake job offers
Question: I am based in India and I received an offer letter from a company based in Dubai after an online interview. How can I be sure that the offer letter is genuine?
Answer: As per your questions, it is assumed that you have received an offer letter from a mainland company located in Dubai. Accordingly, the provisions of Ministerial Decree No. 46 of 2022 regarding forms for work permits, job offers and employment contracts (the “Ministerial Decree No. 46 of 2022”) and Administrative Resolution No. 38 of 2022 regarding guidelines for the implementation of Ministerial Resolution No. 46 of 2022 regarding work permits, letters of offer and employment contract forms (the “Administrative Resolution No. 38 of 2022 ”) applies.
In the United Arab Emirates, the employer of a continental entity must issue a letter of offer to its future employee before recruiting it. Subsequently, the same conditions as those mentioned in the letter of offer must be mentioned in the employment contract. The employment contract may contain additional terms mutually agreed between an employer and an employee, provided it is beneficial to an employee. This is in accordance with Article 2(1) of Ministerial Order No. 46 of 2022, which states: “Use the standard employment contract approved and consistent with the job offer when applying for 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 allowed to add annexes to the contract provided that this does not contravene the provisions of the decree-law and its implementing regulations.
In addition, the letter of offer issued by an employer must follow the format prescribed by the Ministry of Human Resources and Emiratization (the “MOHRE”). This is in accordance with Section 1 of Administrative Resolution No. 38 of 2022, which states: “In accordance with the attached guidelines, electronic forms (electronic forms) provided in the MOHRE system for work permits, letters of offer and employment contracts must be adopted and implemented.”
You can verify the authenticity of the Offer Letter with the UAE Embassy or Consulate in your home country. You can also do this through the inquiry section of the MOHRE website.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, UK and India. All the contact details of his office on: www.amalawyers.com. Readers can email their questions to: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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