Is an unsigned contract with a forged signature still binding?

Hello,

If your employer or someone on their behalf signed your contract without your explicit consent, and especially if the signature is not a match to your own, this could be considered forgery.

A contract's validity heavily relies on the mutual consent of all parties involved. If you did not consent to the contract terms, its enforceability becomes highly questionable.

If you don't have a valid contract, the terms included in it will not have any effect including the notice period. It may be possible to negotiate a shorter notice period with your employer, especially given the irregularities surrounding the contract.

If you need further clarification, you may ask us.

Dear questioner,

If your contract was signed by someone else without your authorization and the signature is not yours, this constitutes forgery.

However, you should have raised your concerns with MOHRE immediately upon discovering it. It is too risky to avoid the notice period unless MOHRE confirms the contract as null and void.

If you need further clarification, kindly share your WhatsApp number.

Greetings,

A contract that is not signed by you and bears a different signature raises serious legal concerns regarding its validity. If you never agreed to the contract terms, it may not be enforceable against you.

Regarding your notice period, if the contract is invalid or not legally binding, the 2-month notice period may not apply. However, this depends on your employment history, UAE Labour Law, and company policies.

To determine the best course of action and protect your rights, we recommend booking a consultation with us. Our team can assist in challenging the contract or ensuring a proper resignation process.

Dear Client,

Under UAE law, the validity of your employment contract and the notice period requirements depend on specific legal principles:

1. Validity of the Contract:

A contract must be signed by both parties to be legally binding. If your signature is forged or missing, this could render the contract invalid.

Article 141 of the UAE Civil Code emphasizes that a contract is not enforceable unless signed by the involved parties.

You may challenge the validity of the contract by filing a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) or seeking legal advice.

2. Notice Period Requirements:

According to Federal Decree-Law No. 33 of 2021, the standard notice period in the UAE ranges from 30 to 90 days.

If your employment contract specifies a two-month notice period but you did not agree to it (due to an invalid signature), you may not be bound by it. However, in practice, if you have been working under this agreement, it may be considered implicitly accepted.

3. Reducing the Notice Period:

UAE labor laws allow for mutual agreement between employer and employee to shorten or waive the notice period. This must be documented in writing and agreed upon by both parties. If your employer consents, you can serve a one-month notice instead of two months.

4. Recommended Actions:

- Verify Contract Validity:

Request a copy of your employment contract and consult with a legal expert to assess its enforceability.

- Negotiate with Your Employer:

Discuss reducing the notice period to one month, ensuring any agreement is documented formally.

- Seek Legal Advice:

If you suspect forgery or dispute the terms, consult a lawyer to protect your rights under UAE law.

Taking these steps will ensure compliance with labor regulations while safeguarding your interests during resignation.

Greetings,

A question arises here: why didn't you object when the contract came into force two years ago?

You accepted the contract, worked for this company, and received a salary for this entire period. Accordingly, you have to abide by the terms contained in the contract.

Best regards,