Questions & Answers
The legal implications of withdrawing from a job offer
Hi Mr Hari,
I have confusion over my decision after accepting one job offer from a company in Abu Dhabi. I accepted it and signed the initial offer letter on 14th Sept. Then I resigned and currently serving the notice period.
At the same time, now after working unofficially with a new company (A) for few days, I came to know that the new company (A) is not matching my profile and the project I am hired for is delayed.
I have a company (B) offering a job and wants to discuss the offer and joining date, company (B) is better for me. I went through all the T&Cs mentioned and signed a contract.
It is mentioned that "Unlimited Period: Either party may terminate the contract by giving a 30-day written notice to the other".
I am still serving the notice period and I want to apologize and turn down the offer from the company (A). Is it ethical?
Is it possible to make such a decision as I am sure I am not going to enjoy my work in the company (A)?
Can the company (A) make any legal problem for me?
Kindly advise.
Regards,
D.
Dear D.,
Thank you for reaching out to me on this.
Can you confirm if you have signed the job offer or the labour contract issued by the Ministry?
If you have signed the job offer, then you can easily resign with serving a notice period.
However, if you have signed the labour contract, then you can face a labour ban of 6-12 months which could affect your new job with the company (B).
This labour ban can be evaded if you fit into certain educational and salary requirements. You can directly get in touch with the Ministry for these requirements.
Further, are you on the new company visa or visit visa? If you are on a visit visa, then you are not even obliged to work, also it's illegal to work on a visit visa.
I would advise that you sit down with the employer and discuss with them your exit from the company in a mutually agreeable and amicable way.
I trust you will find this helpful.
Regards,
Hari Wadhwana
