‘Can I employ a domestic helper who has her own UAE visa?’

It is illegal to employ a domestic worker that claims to have their own visa or who is under the sponsorship of another resident. Getty Images

Question: I have employed a woman to come to my house and cook some meals for my husband and teenage children as I have been away. She said she has her own visa, so can work for anyone. I paid her in advance, but she has not worked all the days we first agreed and is now not returning my calls.

What steps can I take to get some money back and stop her from doing this again? FA, Dubai

Answer: The UAE has employment regulations to cover all categories of work. A cook is classed as a domestic worker. The classification includes 19 types of jobs, such as housemaids, cleaners, drivers and cooks.

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In this, and in previous legislation, it has always been made clear that domestic workers may only be employed through an agency or be sponsored as a direct employee.

It is illegal to employ any domestic worker who claims to have their own visa. It is also illegal to employ any domestic worker who is under the sponsorship of another resident.

The fines for breaking the law are significant and clarified in the latest legislation, Federal Law Decree No 9 of 2022 Concerning Domestic Workers.

Article 17.3 states: “A fine of at least Dh50,000 [$13,614] and up to Dh200,000 shall be imposed on those who commit the following: a. Provides employment to a domestic worker without obtaining a work permit for the latter.”

FA was employing this cook illegally and has no legal recourse to recover any money owed to her. Both she and the person she employed could be subject to substantial fines if they are reported to the UAE authorities.

Q: I have a part-time job in a school and while I am a qualified teacher, I only teach a few classes each week. I have been approached to do some private tutoring but am wondering how I can do this. I am sponsored by my husband and have a work permit from the school. JD, Dubai

A: JD requires a suitable licence to undertake any other paid work. Carrying out any work in the UAE without the proper licence is illegal and subject to fines.

The good news is that while a licence is mandatory, in December 2023 the UAE introduced a specific licence for private tutoring. This is free. It is a joint initiative from the Ministry of Human Resources and Emiratisation and the Ministry of Education and is intended to put a stop to illegal and unregulated private tuition.

In order to apply, the individual must obtain a letter of no objection from their employer and provide this along with a good conduct certificate, valid Emirates ID, a copy of their most recent academic degree and details of their teaching experience. A good conduct certificate is also known as a police clearance certificate and can be obtained from the police app relating to the emirate of residency.

The application can be made through UAE Pass and passed on to the ministry for checking and approval. They should take only two working days for a complete and valid application. Permits are valid for two years.

The permit can be used for both in-person and online tutoring. It is available to non-teachers, but they should have qualifications and/or experience in the relevant subjects.

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Students aged 15 or over can also apply for the permit but must seek permission from their legal guardian, usually their father, and have this in writing in the form of a no-objection certificate. In all cases, a person must be a resident of the UAE.

Q: I used to live and work in Saudi Arabia until 2023. I left to go home but will be returning later this year. I still have my Saudi driving licence, will I be able to drive straight away? HM, Canada

A: Saudi driving licences are usually valid for five years for expats (non-Saudi or GCC citizens). That said, they are linked to the Iqama, the residence visa. So if an Iqama is cancelled, the licence is technically invalid.

Note that the Iqama number is unique to each individual, like an identity number, so it does not change but still has to be reapplied for to be valid at renewal and cancelled on leaving the country permanently.

On returning to Saudi Arabia, HM’s new employer will reapply for a valid Iqama and once that has been issued, he can reactivate his driving licence. All driving activities go through the Absher app and platform these days, so it should be a simple and quick process.

Contact Keren Bobker at [e-mail] or at www.financialuae.com. The advice provided in our columns does not constitute legal advice and is provided for information only