Dubai law spells out the costs companies are required to bear when dealing with self-employed workers
Question: I work in a mainland company based in Dubai. For self-sponsored residencies like Golden and Green visa in Dubai, are companies required to offer health insurance to salaried persons? As for companies, besides salaries, what should they offer employees on self-sponsored visas?
Answer: As per your questions, it is assumed that you hold a Golden or Green residency visa in the UAE and are employed by a mainland private company. Accordingly, the provisions of Federal Executive Order No. 33 of 2021 on the Regulation of Labor Relations (the “Employment Act”), Cabinet Resolution No. 1 of 2022 on the Implementation of Executive Order Federal Law No. 33 of 2021 concerning the Regulation of Labor Relations (the “Cabinet Resolution No. 1 of 2022”) and those of Law No. 11 of 2013 concerning Health Insurance in the Emirate of Dubai ( the “Dubai Health Insurance Law”) are applicable.
In the UAE, an employer can obtain a work permit for a person who already holds a Golden Visa. This is in accordance with section 6(1)(j) of Cabinet Resolution No 1 of 2022 which states: “Subject to the provisions of section 6 of the Employment Act, types work permits are determined as follows:
Golden Visa Holders Permit: This type of permit is issued at the request of an establishment registered with the Department that wishes to employ a Golden Visa holder employee in the state.
In addition, an employer may also grant a work permit to residents holding a green visa.
In the United Arab Emirates, it is the employer’s responsibility to provide health insurance facilities to their employees. This is in line with Section 13 (8) and (9) of the Employment Act, which states: “The employer shall:
8. Cover health costs in accordance with UAE law.
9. Bear the costs of insurance, contributions and guarantees provided for by the legislation in force.”
The Dubai Health Insurance Act also emphasizes the employer’s obligation to provide health insurance to employees. This is in line with Section 10 of the Dubai Health Insurance Act, which states that “the employer is required to do the following:
1. Provide health insurance coverage to employees in accordance with the applicable health insurance policy.
2. Bear the costs of this health insurance coverage rather than having them borne by the beneficiaries.
3. Verify that employees’ health insurance is valid for the duration of their work period.
4. To bear the cost of health services and emergency medical interventions for one of the employees, if one of them does not have health insurance in accordance with the provisions of this law.
5. Provide employees with their health insurance card.
6. Provide health insurance policy when issuing or renewing employee residency.
7. Any other obligations specified by the authority in accordance with the resolutions issued.”
Based on the aforementioned legal provisions, an employer must provide you with the health insurance facility.
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Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, UK and India. All the contact details of his office on: www.amalawyers.com. Readers can email their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.