Question: I have been living and working in the UAE for five years. I will be 60 years old in early 2025. I have already spoken to my company owner about staying on after that as I am fit and healthy. He thinks that 60 is the maximum age limit allowed to have a work visa but I know of people older who are still working here.
What is the current law? TM, Abu Dhabi
Answer: The general perception is that the UAE has an upper age limit for expatriate employees of 60 years as this age was stated in Ministerial Resolution No. 52 of 1989.
Many companies use that age as a general retirement date, but there have been subsequent official announcements, including an announcement in 2011, referring to increasing the age to 65 years.
There is no official age stated in the new labour law, Federal Decree Law 33 of 2022, which came into effect in February 2022.
My understanding is that there should be no issue in continuing to work in the current capacity until age 65.
However, after turning 65, this becomes more complicated as residency visas are subject to approval by the Ministry of Human Resources and Emiratisation and it is expected that the employer shows that the person has a level of expertise that is specifically beneficial to the company.
From the age of 65, residency visas must be renewed annually, rather than every two years. The cost of all visas and work permits must be borne by the employer. In addition, the cost of medical insurance increases significantly. For these reasons, some companies may not be keen to retain employees over the age of 60 or 65 years.
Q: I have a question regarding the use of CCTV and photographs and video of employees. This is for internal use only and is not publicly distributed.
I am aware of the UAE law regarding requiring the consent of a person to take their photograph, but does it exempt CCTV and photos in the workplace for sole use there? I know the Security Industry Regulatory Agency governs the use of CCTV and footage cannot be published or distributed, with an exemption of the police.
My query is about photographs taken to demonstrate an employee’s failure to do their job, or general performance management. Is consent needed for that? And if that is the case, is it illegal to share the photos within the company? LB, Dubai
A: This is a question I have not come across before so I referred it to Thenji Moyo, partner and head of employment for Gateley UK. The lawyer confirmed that it is not permitted to take photographs of people in public without their permission (covered in a previous column) and went on to explain.
“Article 431 of Federal-Decree Law No. 31/2021 On the issuance of the Crimes and Penalties Law (Penal Code) also holds relevance, as it prohibits taking photos of individuals in private without their consent. However, the Security Industry Regulatory Agency makes it mandatory for certain businesses to install and use CCTV for security purposes, such as hotels. In light of this, companies may need to consider the interplay between federal laws and the employees' right to privacy and we would recommend that all employees are notified of any company policy that involves such monitoring.”
Concerning the query about consent being required, Ms Moyo confirmed that formal consent is always required as this is classified as personal data.
“As per Federal-Decree Law No.45/2021 On the Protection of Personal Data (Data Protection Law) consent must be obtained to lawfully collect, process, and share personal data. Consent is usually captured in advance by way of relevant clauses in the employee’s contract, privacy notices and/or data protection policies. For the employer to rely on the employee’s consent, the employee must have been made aware of what data is being collected, the purpose of collection, how the data is being processed, who it is being shared with (whether internally or externally), and their right to withdraw consent. In all circumstances, we would recommend that employers only use surveillance/monitoring measures that are necessary to advance legitimate business interests. This form of monitoring will not be required in all industries.”
Simply put, if an employer is recording an employee in any way, they must obtain consent to avoid breaking UAE law. This should be in writing for the protection of all parties.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 30 years' experience. Contact her at keren@holbornassets.comor at www.financialuae.com
The advice provided in our columns does not constitute legal advice and is provided for information only
