Questions & Answers
Is employment offer (LOI) a legally binding document?
I'm a German national who got an offer for a job in JAFZ, which I subsequently accepted by signing an "Employment LOI" starting 09.04.17.
On 10.05.17 the LOI was revoked because my work permit got rejected by the DNRD. The reason for rejection was not given and I was told by company's PRO that I'm not allowed in Dubai. I have never been in Dubai before the rejection.
I contacted JAFZA and found out that the PRO made mistakes in submitting the application. A company letter was requested and was never provided.
The PRO convinced the company that my father's religion "Shiite" and my birthplace "Lebanon" is the problem. I was then told by the PRO that I'm not allowed to enter Dubai. I was able to enter on 15.05.17 without any problems.
1. Is the LOI legally binding? It does not state any conditions concerning the visa.
2. Can I sue the company under the anti-discrimination law and demand compensation?
3. Can I find out why DNRD rejected the application as the company is refusing to ask for clarification?
1. The LOI is a legally binding document. Usually, it contains a clause saying that this contract is only valid if the DNRD agree to the residency application.
In a few cases, such clause is not mentioned; but in practice, the company will not be considered in breach of contract if they are not allowed to benefit from the Employee's employment as he got rejected as a resident in the UAE.
It is somehow considered force majeure as the Employer is not able to change anything in that fact.
2. The fact that the Company applied for the employment and the rejection came from the security authorities works against your assumption.
Before the court, they actually tried to hire you and failed. So, the discrimination is very hard to be proven. Also, whatever you were told by the PRO verbally is nothing that you can legally rely on or prove.
3. In fact, through my years of experience, I know for a fact that the Security Department in the UAE will never reveal any reasons or reveal their own research findings to accept or reject any applicant.
So, even if the company very proactively asks about the reasons behind your application's rejection, they will not be able to get any information.
It is very common for such a level of high authorities in many countries in the region. Also, in a few European countries and in the US.
On a separate note and in addition to your questions:
- The UAE is accommodating so many people of different nationalities, faith, backgrounds, and colours. As well I have noticed that the county's behaviour is affecting the residents in it. I highly doubt that the reason was discrimination.
However, it is my experience that some applications get rejected and by reapplying with more supporting documents like clearance of criminal records or certificates of good conduct to the applicant, the decision on the second or third attempt can change.
Please let me know if you might need our help in the future with any similar cases.
Ahmed Elnaggar
aelnaggar@LKMBgroup.com
