Question: I have finished working my notice period after resigning and have a new job offer. The new company wants me to start immediately but my old employer has not yet cancelled my visa. Can I join the new company without the visa being cancelled and have it changed over later? DV, Dubai
Answer: It is the responsibility of the old employer to cancel the visa and work permit as soon as an employee finishes working for them. The process should only take a few days and it is unfair to delay.
The new employer must apply for a new residency visa and work permit by the time DV starts working for them. But they cannot obtain the visa until the current one has been cancelled. There is a short grace period for this to be completed but one cannot work for a new employer without a new residency visa. To do so is illegal and both the employee and employer can be fined. In addition, DV would have no protection in law.
If the previous employer fails to cancel the visa in a timely manner, assuming they are a mainland employer or a free zone entity operating under the UAE labour law, DV will need to file a case with the Ministry of Human Resources and Emiratisation, which should then contact the employer and require them to take action without further delay.
Q: I have been offered a job in the UAE but I am unclear on a few things. What are the maximum working hours for each week? Will I have to work when I take lunch or do people get a break? AT, Hungary
A: UAE labour law, Federal Decree-Law No. (33) of 2021, is clear about the number of working hours. Article 17, working hours, states: “The maximum normal working hours for workers shall be eight hours per day or forty-eight hours per week.”
Article 18 of the law goes on to say that “the worker may not work for more than five consecutive hours without a break or breaks of not less than an hour in total, provided that these periods are not included in the working hours".
An employer can ask an employee to work some additional hours, but this should be as paid overtime and is limited. Article 19 of the law covers this as follows: “The employer may instruct the worker to work overtime over the normal working hours, provided that they do not exceed two hours per day ... in all cases, the total working hours shall not exceed 144 hours every three weeks.”
It should also be noted that overtime is payable at 125 per cent of the standard hourly rate, or at 150 per cent if worked between 10pm and 4am, or on a weekend that is not a contractual working day. Generally, overtime does not apply to supervisory roles, apart from on public holidays, but this should really only apply to actual management positions.
Q: I manage a business and we have an extra project coming up so I want to employ a freelancer to take on some of the work rather than employ someone permanently. I am told this is OK to do. I have someone in mind and they have their own licence to work as a freelancer.
What do I need to do to ensure they comply with our office working hours and rules for this period? What else do we need to do? MF, Abu Dhabi
A: UAE employment laws refer to freelancers in the following way: “Freelance is an independent and flexible work arrangement, whereby the natural person generates income by providing his services for a specified period of time or performing a task or providing a specific service, whether for individuals or establishments, whereas this natural person is in no way a worker for those individuals or establishments.”
A freelancer is not a regular employee but an employer must still apply for a work permit for the period of work to be undertaken. Any person that is taken on as a freelancer, even for a short period, without a valid work permit issued by the Ministry of Human Resources and Emiratisation, will be considered to be working illegally.
Both parties should agree to all terms before any work is undertaken and this should be in writing. This should cover not just the scope of work but working hours, place of work and whether days of leave are permitted during this time. It should include the amount of payment and the payment terms and dates.
A clear alignment of expectations at the outset will make the experience smoother for all parties.
Contact Keren Bobker at keren@holbornassets.com or at www.financialuae.com
The advice provided in our columns does not constitute legal advice and is provided for information only
