UAE Employment Regulations and Penalties for Violations
In the UAE, the employment of an individual by an employer necessitates a valid work permit, a crucial stipulation outlined in Article 6(1) of the Employment Law and Article 5(4) of the Immigration Law.
These regulations are explicit in their mandate
Article 6(1) of the Employment Law asserts that "no work may be performed in the UAE, and no employee may be recruited or employed by any employer without obtaining the work permit from the Ministry, in accordance with the provisions of this Decree-Law and its Executive Regulations."
According to Article 5(4) of the Immigration Law, "An alien has a duty not participate in any activity or work unless as permitted with the legislation in force in the state."
Additionally, any employer who violates these rules by hiring someone without a current work visa risks fines and possible deportation. The following effects are outlined in Article 60(1) of the Employment Law and Articles 25(1) and (7) of the Immigration Law:
According to Article 60(1) of the Employment Law, anybody who "employs an employee who has not obtained a permit to work for him" is subject to a fine ranging from Dh50,000 to Dh200,000.
According to Article 25 (1) and (7) of the Immigration Law, "Anyone who hires, harbors, or places the foreigner in contravention of the terms of this Decree-Law shall be punished with a fine of Dh50,000, and the penalty shall be imprisonment and a fine of Dh50,000 in case of recidivism. When an immigrant violates the law again, the court must order both their deportation and the expulsion of any aliens who have employed or housed them.
The Ministry of Human Resources and Emiratization (MoHRE) guidelines
Employment permits are available under various categories as per the Ministry of Human Resources and Emiratization (MoHRE) guidelines. These include part-time work permits, temporary work permits, and freelance work permits as defined in Article 6 of Cabinet Resolution No. 1 of 2022.
Given the legal provisions, it is paramount to refrain from engaging in employment activities while on a visit visa, even in a friend's business. Instead, consider requesting that your friend sponsor your work permit and UAE residency visa, allowing you to effectively oversee his business operations in alignment with the regulations.
