Question: I work in a mainland company in Dubai. The job I do — what was given in the offer letter — is not what’s mentioned on my visa/Emirates ID as my occupation. Should I get it changed? If yes, how?
Answer: Pursuant to your question, Federal Decree-Law No. (33) of 2021 on the Regulation of Employment Relations; Cabinet Resolution No (1) of 2022 on the Executive Regulations of Federal Decree Law No (33/2021) on the Regulation of Employment Relations; and Ministerial Decree No. 46 of 2022 Regarding Work Permits, Job Offers and Employment Contracts’ Forms shall be applicable.
It may be noted that the designation that is mentioned in your UAE visa or UAE resident ID is incorporated in conformity with the designation that is mentioned on your work permit. The work permit, in turn, follows the information that is provided in the statutory contract made and registered with the Ministry of Human Resources and Emiratisation (MoHRE) in the prescribed format of MoHRE. It is important to note that your employer cannot mention a designation that is different from the one mentioned in the offer letter initially issued to you by the employer. This is in accordance with the provisions of the various legislations mentioned hereinabove, and which are discussed hereinafter.
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The Ministerial Decree 46 of 2022, which was issued following the provisions of the Employment Law and the Executive Regulations, requires an employer to utilise only the standard employment contract that conforms to the job offer that was made to the employee while requesting a work permit for the new employee. This follows Article (2) Clause 1 of the Ministerial Decree 46 of 2022 which reads as follows:
“Article (2)
Employer Obligations Regarding Employment Contracts
Pursuant to the provisions of the Decree Law and its Executive Regulations, an employer who wishes to employ any worker must abide by the following:
1. 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 worker 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.”
The subsequent clauses of Article 2 of Ministerial Decree 46 of 2022, require employers to (i) maintain copies (in digital or hard format) of both the job offer and employment contracts for no less than two years from the date of expiry or termination of the employment relationship and (ii) educate employees on their rights and obligations, pursuant to their employment contracts. The provisions are contained in clauses 2 and 3 of Article 2 which read as follows:
“2. Maintaining a digital or hard copy of both the job offer and the employment contract for no less than two years from the date of expiry or termination of the employment relationship.
Educate the worker on his/her rights and obligations, as contained in the employment contract.”
Thus, it may be noted that the offer letter is an important document with respect to employment relations under the applicable employment laws of the UAE. Employers in the mainland should not just adhere to the terms of the offer letter in making the employment contract but also preserve both documents. Also, employers are obliged by law, to educate their employees on the employees’ rights and obligations under their employment contracts.
If you have noted that the designation mentioned in your offer letter is not consistent or does not match the one mentioned in your visa/ UAE resident ID, then you should bring this to the notice of your employer and request your employer to make the necessary changes.
Furthermore, it may be noted that the procedures for making changes to your residence visa and/or UAE resident ID may only be initiated by your employer. Following this, you may start by discussing the issues with your employer and requesting your employer to make arrangements for the changes as required. If, however, your employer ignores such requests and/or deprives you of your rights as an employee in violation of the applicable laws, then you may approach the MoHRE to report the matter.
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: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.