UAE Court Rejects Worker’s Claim Over Failed Job Offer, Citing Legal Conditions for Employment Approval

The Abu Dhabi Family, Civil and Administrative Cases Court has dismissed a lawsuit filed by a prospective employee who claimed Dh95,000 in damages after accusing a company of making a “non-serious job offer.” The court found that the employer had not violated any contractual obligations, as the offer was subject to government approval -- an essential legal requirement under UAE labour and immigration regulations.

 

According to case records, the plaintiff said he had undergone nearly a year of interviews before receiving an official job offer. He claimed the company asked him to resign from his existing job and prepare to join their organisation. A formal employment contract was issued, offering a monthly salary of Dh36,500, and the employer initiated the process of issuing an entry work visa.

 

The dispute began when the visa application was rejected twice. The employee alleged that the company submitted incorrect academic information -- listing him as a diploma holder instead of his actual qualification -- resulting in the rejection. He argued that this constituted a breach of contract and sought compensation for financial and emotional damages.

 

The company countered that the offer was clearly conditional upon the approval of UAE authorities responsible for issuing work permits and residency visas. Since the work permit was not granted, and the rejection came from the government rather than through any fault of the company, it maintained that it could not lawfully proceed with the employment.

 

Legal Framework in the UAE

 

Under Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, an employment relationship is only valid once a work permit is approved by the Ministry of Human Resources and Emiratisation (MoHRE). Key points include:

• Conditional job offers: Many employment contracts in the UAE include clauses stating that the agreement becomes effective only after government approval of the work permit and residency visa.
• Work permit as a prerequisite: Article 6 of the law stipulates that no individual may be employed without a valid work permit issued by MoHRE.
• Employer obligations: Employers must submit accurate employee information, but the final approval of permits lies solely with government authorities.
• Visa rejection: If the authorities deny a work permit -- whether due to documentation issues, quota limitations, or eligibility concerns -- the employer cannot legally complete the hiring, and the employment contract is considered void.

The court emphasised that because the authorities rejected the work permit application, the employer could not be held liable for compensation. It stated that the failure to obtain approval was “beyond the company’s control,” and therefore, no breach occurred under UAE labour law.

As a result, the court dismissed the claim entirely and ordered the plaintiff to bear all court fees and legal expenses, reaffirming that employment contracts contingent on government approval cannot be enforced when such approval is not granted.

 

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