UAE jobs: Occupation different in offer letter and Emirates ID? Here’s how to get it changed

Employers cannot mention a designation that is different from the one mentioned in the offer letter initially issued

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.

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.