References and what you can legally say in the United Arab Emirates
Reviewed by Mellow Editorial Team, HR & payroll content team
References in the UAE sit in a legal grey area: there is no single statute that governs what an employer can or cannot say, but defamation law, labour law and employment contract terms all shape what is safe and appropriate. Most UAE employers default to a minimal factual reference for that reason — but that does not mean you cannot say more.
What the law actually says
The UAE has no dedicated employment reference legislation. Instead, three legal frameworks are relevant.
Defamation. Federal Decree-Law No. 34/2021 on Combating Rumours and Cybercrime, and provisions in the Penal Code, criminalise statements that damage another person's reputation without justification. A false statement made in a reference — even to a single recipient — could, in principle, expose the employer to a civil or criminal complaint. The key word is false: truthful, evidence-backed statements carry significantly lower risk.
Labour law obligations. Federal Decree-Law No. 33/2021 (the UAE Labour Law) requires an employer to issue an employment certificate (also called a service certificate) to an employee on request. This document must confirm the start and end dates of employment and the last position held. It cannot include negative commentary about the employee. This certificate is a legal obligation; a fuller reference is separate and discretionary.
Contractual terms. Check employment contracts and any signed confidentiality agreements before providing a reference. Some contracts restrict what either party can disclose about their working relationship. Non-disparagement clauses, though more common in settlement agreements, do appear in UAE employment contracts.
The mandatory employment certificate
When a departing employee asks for a service certificate, you must provide one. It should state:
- Full name
- Job title or titles held
- Employment start and end dates
- (Optionally) salary, if the employee requests it
That is the floor. You are not required to elaborate, and you are not required to comment on performance, conduct or reason for leaving. Many UAE employers treat this document as the entirety of their reference obligation, and that is a legally safe position.
Going further: written references
Some employers choose to provide a fuller letter — particularly where an employee has performed well and deserves genuine support in their job search. If you do this, keep the following principles in mind.
Stick to facts you can evidence. State what the employee did, what they delivered and how long they worked in each role. If you said it in a performance review or have data to support it, you can say it in a reference.
Be consistent. If you write enthusiastic references for some employees and minimal ones for others in similar roles, you may create a discrimination risk. Agree an internal policy on what level of reference you provide and apply it consistently.
Do not volunteer negative information in writing. If you cannot say something positive, a factual certificate is the appropriate response. A written reference with damaging content — even if true — creates legal exposure and rarely serves a business purpose.
Mark it confidential and address it to a specific recipient where possible. A letter addressed to a named organisation is less likely to circulate widely and demonstrates that it was provided in good faith and in a professional context.
Verbal references
Verbal references are common in the UAE, particularly for senior hires. The same defamation principles apply — spoken words can be the basis of a complaint just as written ones can — but in practice verbal exchanges are harder to evidence. Even so, a cautious approach is sensible.
A practical framework: confirm the factual information (title, tenure, responsibilities), give your honest overall assessment in measured language, and decline to speculate on matters you cannot evidence. "I would not rehire" is a statement that has caused legal difficulty in various jurisdictions; in the UAE, explaining why in factual terms is safer than a bare negative conclusion.
If you receive a reference request by phone, it is reasonable to ask the caller to submit questions in writing. This creates a record and gives you time to consider your response carefully.
Receiving references as an employer
When you are on the other side — checking references on a candidate — be aware that many UAE employers will only confirm employment dates and title. Do not read a minimal reference as a red flag; it is often simply policy. Ask open questions that invite elaboration rather than yes/no answers, and note whether the referee volunteers specific examples or stays entirely vague. If a previous employer declines to comment at all, that itself may be information worth exploring with the candidate directly.
One practical step: ask candidates to sign a reference-check authorisation before you contact former employers. This protects both parties and often makes referees more willing to speak frankly.
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