Can an Employee Request to Amend Offer Letters in the UAE?

While receiving a job offer from a company in the UAE, you may wonder if changes could be made in an offer letter before accepting it. Most common questions arise as to whether it's possible to request a shorter probation period, additional leave per annum, or to remove a non-compete clause.

Under the UAE Labour Law, employees have the right to suggest modifications to the terms of an offer letter as long as the final agreement meets the legal minimum rights. You can also get help from labor lawyers in Dubai UAE. This article will explain the legal aspects of modifying offer letters, together with employee rights and employer obligations.

Can You Request Changes to an Offer Letter in the UAE?

Yes, as per the UAE labor law, any employee can put their points forward for modification of an offer letter. As mentioned in Article 65 of Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, the law sets forth minimum rights for employees. Any additional terms more beneficial to the employee may be incorporated into the employment contract by agreement.

So, an employee can ask his employer to reduce the probation period, increase the number of annual leave days, and even remove a non-compete clause. Nevertheless, the employer is under no obligation to accept the proposal. All such amendments must be mutually agreed upon by both parties before the contract is signed.

What is the probation period under UAE labor law?

The probation period is a trial phase at the beginning of employment during which either the employee or employer can terminate the contract with notice. Under UAE Labor Law:

• The probation period must not be more than six months.

• If the employer wants to terminate the employee during probation, a notice of 14 days will be given.

• if the employee would like to resign during probation, the notice period depends on whether they are staying in the UAE or leaving:

o One-month notice if joining another employer in the UAE

o Fourteen days' notice if leaving the country

Although the maximum probation period allowed is six months, a shorter one can be agreed upon. The proposal can be accepted or declined by the employer.

Annual Leave Entitlement in the UAE

Annual leave is another employment benefit, which is mandated by the UAE Labour Law. The provisions include the following:

• An employee who has worked for one year is entitled to paid annual leave of thirty calendar days.

• An employee who has spent more than six months but less than one year is entitled to two days of paid leave for every month worked.

You have the right to ask for more annual leave than you are legally entitled to. However, this must be mutually agreed upon with the employer and therefore included in your contract. It is to be noted that no employer is allowed to offer less leave than what is mentioned by law.

Non-Compete Clause and Employee Rights

Non-compete clauses are included in many employment agreements to stop workers from working with competitors or establishing rival businesses after they leave their employers. Article 10 of the UAE Labour Law states that non-compete clauses are valid but must have fair and reasonable restrictions in their scope.

The non-compete clause must be

• Limited in time, usually not exceeding two years

• Limited to a specific geographical area

• Relevant to the type of work the employee was performing

The right to decline a non-compete clause exists for any potential employee. Both parties need to consent to its inclusion because it is not obligatory. You remain obligated by law to protect employer confidential information even if you do not sign a non-compete clause.

What Should You Do If You Disagree with the Offer Letter?

Before signing your offer letter, you should discuss any terms that make you uncomfortable with your employer. Here is how you can approach it:

• You should clearly state the changes you want to see.

• Any changes should be documented, and both parties should sign them.

• All agreed terms must meet the requirements of the UAE labor law.

After signing your offer letter and employment contract, you become legally responsible for all terms that follow the UAE labor law.

Key Employee Rights under UAE Labor Law

Before signing the offer letter, employees possess the right to request changes to its terms.

• Under UAE labor law, employers must establish a six-month maximum period for employee probation.

• Employees who complete one year of service receive at least 30 calendar days of annual leave according to their employment agreement.

• Non-compete clauses are optional and must be reasonable.

Any employment agreement that provides workers with advantages above legal requirements remains valid. The employer cannot decrease employee benefits under the legal minimum requirements.

Why Legal Guidance Is Important

The process of understanding employment rights, along with job offer negotiations, proves challenging for individuals who enter the UAE market without local law knowledge. Your employment contract needs protection from both legal standards and employment rights protection.

A contract that is properly drafted will prevent future disputes while safeguarding your interests during employer-related disagreements.

How Can HHS Lawyers Help You?

The HHS lawyers in the UAE can assist you with reviewing and amending offer letters and employment contracts. Our experienced employment lawyers offer legal advice on probation periods, annual leave entitlements, and non-compete clauses. We ensure that your rights are protected under UAE labor law and that all terms are fair and legally compliant.

If you are uncertain about any aspect of your job offer or contract, our legal team can guide you through the negotiation process and help you achieve the best possible outcome.

Contact HHS Lawyers today for expert advice on employment contracts and employee rights in the UAE.