When recruiting a prospective employee in the United Arab Emirates, an employer is required to issue an offer letter. The letter vividly outlines the terms and conditions of employment. These terms and conditions should also be mentioned in the employment contract. Additionally, it also contains additional terms and conditions and any advantages to the employee. However, the additional terms and conditions must be mutually agreed upon by both parties.
According to Administrative Resolution, the offer letter issued by the employer should be in the proper format. The format is prescribed by the Ministry of Human Resource and Emiratization (MOHRE). Nonetheless, when applying for a new work permit for an employee, the employer needs to submit a signed offer letter. The letter is between the employer and the prospective employee.
It is submitted along with other required documents and payment of relevant fees. Once all these requirements are fulfilled, the employment contract is signed between the employer and the prospective employee. If your prospective employer rescinds the offer letter before you join, it may not be considered a violation by the Ministry of Human Resource and Emiratization (MOHRE).
In case, if you have not signed a Labour and Employment Contract with the Employer, and no Work Permit has been issued to you. The MOHRE only recognizes Employers and Employees as contractual parties. MOHRE will only recognize if a valid employment contract is registered with them.
Search Here More: Labour and Employment Lawyers in UAE
Therefore, without a work permit, your employer and you may not fall under the jurisdiction of the MOHRE. In such a situation, if the prospective employer rescinds the offer letter, you may consider filing a civil case against them. A person can go to a court with jurisdiction in the UAE.
This will allow the court to determine the matter. Besides, they will provide compensation for any financial loss or damages. Damages or loss may have been caused to you due to the rescinding of the employment offer letter.
It is advisable and highly recommended to seek further legal advice. Assistance from the MOHRE or a legal practitioner in the UAE will be beneficial. Therefore, seek professional aid for guidance specific to such a situation.
HEBA and the Role of a Family Lawyer in UAE
HEBA is a concept in Islamic law. It refers to the unconditional transfer of property from one person to another without any exchange or consideration. It can be given during the lifetime of the giver or after their death.
HEBA after death is a type of gift given during the lifetime of the deceased. It becomes effective only after their death. The gift must be accepted by the recipient. Moreover, it can only be revoked by the giver during their lifetime with the approval of the receiver.
However, if the gift was given under duress, or deceit, or by someone who lacks the legal capacity to give it. It can be revoked through a court order, even if the receiver did not accept the gift. HEBA can be given in writing or with witnesses. Additionally, it is advisable to have both.
Search Here More: Family Lawyers in UAE
In certain situations, HEBA can be a recommended way to deviate from the traditional Islamic rules of succession. However, heirs have the right to contest HEBA. If it was given during a period when the giver was ill and following their death, regardless of the duration of the illness.
If the gift is burdened with liabilities, the recipient has the right to refuse it because it will cause harm to them. Generally, the recipient can choose to accept or refuse the gift without needing to provide a reason.
Some legal views suggest that adding a reasonable consideration to HEBA can prevent its revocation by the giver. However, there are different viewpoints on this for two reasons:
- If money is added to the HEBA, it can no longer be considered HEBA but becomes a sale and purchase transaction, subject to civil law.
- This may raise objections from heirs who have the right to question whether the transaction took place, especially if the amount paid is small or less than the fair market value of the property, and if the recipient cannot provide proof of payment.
- Fabricating a transaction that did not occur is generally not desirable for both the giver and the recipient. This proposition could expose the recipient to legal challenges. It prolongs the process of transferring the property.
- HEBA given before the death of the giver immediately transfers the property upon the acceptance of the recipient. HEBA was given after the death of the giver. It transfers the property only after the condition of the gift is transferred after the giver’s death is fulfilled.
- A family lawyer in the UAE can provide valuable assistance in matters related to HEBA. They can guide individuals through the legal requirements and procedures for HEBA.
- They will ensure compliance with UAE laws and regulations. A family lawyer can help draft the necessary legal documents, such as a written HEBA agreement or a document with witnesses. This is done to ensure its validity.
- They can also advice on the implications and potential challenges associated with HEBA. This may include any potential contestation by heirs. Additionally, a family lawyer can represent and advocate for their client’s interests in case of any disputes or legal proceedings related to HEBA.
Note: Please do consult with top advocates and consultants first, before taking any legal action.