Although visa expenses can be significant for a small business, it is illegal for a company to ask an employee to reimburse them for any costs incurred in employing them. Getty Images
Although visa expenses can be significant for a small business, it is illegal for a company to ask an employee to reimburse them for any costs incurred in employing them. Getty Images
Although visa expenses can be significant for a small business, it is illegal for a company to ask an employee to reimburse them for any costs incurred in employing them. Getty Images
Although visa expenses can be significant for a small business, it is illegal for a company to ask an employee to reimburse them for any costs incurred in employing them. Getty Images

‘Can I make my staff pay visa costs if they break their contracts early?’


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I have a small business and am about to hire two more employees. The visa costs are quite high and I am worried that if they leave before working for two years, it is going to be expensive for me. Is there a way that I can protect my business by getting the new employees to sign papers that say they will pay part of the visa costs if they quit less than 12 months into their contract? AP, Abu Dhabi

While I understand that visa expenses can be significant for small businesses, it is illegal for companies to ask employees to reimburse them for any costs incurred in employing them. This is covered in Ministerial Order 52 of 1989, Article 6a, which makes it clear that the employer is “responsible for the recruited labourer, the bearing of his recruitment expenses” and that this cannot be passed on.

To ask any employee to sign documentation that contravenes government orders and the UAE Labour Law is illegal, and the employee has the right to register a complaint against a company that follows this course of action.

A better legal option is to have a rigorous and robust recruitment process in place to ensure that no mistakes are made, employees are happy and will not want to leave the company. An employer can provide a fixed-term contract, where if the employee decides to leave before the end of the contract term, a penalty is payable. However, this can only be for a set calculation. In addition, the employer must be aware that if they terminate employment, they must also pay a penalty to the employee.

I will finish my employment contract at the end of December and have completed two contracts, each spanning two years. I plan to return to the Philippines and not work in the UAE again. I have asked my employer to pay for my repatriation ticket, but he says it is too expensive and does not want to foot the bill. I want to leave, but how do I make my employer pay for my ticket? MV, Sharjah

The employer is liable to pay the repatriation costs of an employee who finishes a contract and decides to return to their home country. This is set out in Article 131 of the UAE Labour Law: “The employer shall, upon the termination of the contract, bear the expenses of repatriation of the worker to the location from which he is hired, or to any other location agreed upon between the parties. Should the worker, upon the termination of the contract, be employed by another employer, the latter shall be liable for the repatriation expenses of the worker upon the end of his service.”

It is not optional for a mainland employer to pay this cost. While some flights may be expensive right now, that is unfortunate and the employee should not be disadvantaged or delayed because of this reason.

The employer is liable to pay the repatriation costs of an employee who finishes a contract and decides to return to their home country

If the employer refuses to pay for the flight ticket that MV is entitled to, she will need to file a case against them with the Ministry of Human Resources and Emiratisation. They can be contacted on 800 65 or via the chat function on their website.

My parents are due to travel to Dubai soon to visit us for New Year. They have just told us that their passports are only valid for five months. I was told by a friend that people need six months' passport validity to enter the UAE, but that sometimes three months' validity is also acceptable. Will my parents be able to travel here without having to renew their passports? TB, Dubai

As is the case with most other countries, the UAE requires visitors to have a passport with a validity of at least six months upon entry. Without that, a person is unlikely to be permitted to check in for the flight as airlines have initial responsibility, and they can be fined if they allow someone to board an airplane without the correct documentation.

There can sometimes be exemptions for compassionate reasons, but not for a holiday. TB’s parents will need to arrange new passports before flying to the UAE. This is as stated on both the UK and UAE government websites.

For expatriates with UAE residency visas who wish to enter the UAE, the minimum passport validity required is three months.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only

Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

ABU%20DHABI%20CARD
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Classification of skills

A worker is categorised as skilled by the MOHRE based on nine levels given in the International Standard Classification of Occupations (ISCO) issued by the International Labour Organisation. 

A skilled worker would be someone at a professional level (levels 1 – 5) which includes managers, professionals, technicians and associate professionals, clerical support workers, and service and sales workers.

The worker must also have an attested educational certificate higher than secondary or an equivalent certification, and earn a monthly salary of at least Dh4,000. 

Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

Call of Duty: Black Ops 6

Developer: Treyarch, Raven Software
Publisher:  Activision
Console: PlayStation 4 & 5, Windows, Xbox One & Series X/S
Rating: 3.5/5

The biogs

Name: Zinah Madi

Occupation: Co-founder of Dots and links

Nationality: Syrian

Family: Married, Mother of Tala, 18, Sharif, 14, Kareem, 2

Favourite Quote: “There is only one way to succeed in anything, and that is to give it everything.”

 

Name: Razan Nabulsi

Occupation: Co-founder of Dots and Links

Nationality: Jordanian

Family: Married, Mother of Yahya, 3.5

Favourite Quote: A Chinese proverb that says: “Be not afraid of moving slowly, be afraid only of standing still.”

UAE gold medallists:

Omar Al Suweidi (46kg), Khaled Al Shehhi (50kg), Khalifa Humaid Al Kaabi (60kg), Omar Al Fadhli (62kg), Mohammed Ali Al Suweidi (66kg), Omar Ahmed Al Hosani (73), all in the U18’s, and Khalid Eskandar Al Blooshi (56kg) in the U21s.

Biog

Mr Kandhari is legally authorised to conduct marriages in the gurdwara

He has officiated weddings of Sikhs and people of different faiths from Malaysia, Sri Lanka, Russia, the US and Canada

Father of two sons, grandfather of six

Plays golf once a week

Enjoys trying new holiday destinations with his wife and family

Walks for an hour every morning

Completed a Bachelor of Commerce degree in Loyola College, Chennai, India

2019 is a milestone because he completes 50 years in business

 

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