Question: I am a Dubai resident. My 10-year-old son needs additional tuitions to understand his school lessons. I wish to send him to a neighbour's house for this, as she is good at teaching. But I have been told that this practice is illegal. Can you explain the legalities involved? I won't be able to afford tuitions at centres.
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Answer: Pursuant to your queries, it should be noted that availing of private tuitions from individuals in the UAE is illegal. However, in the UAE, there are tuition centres which are approved by the Ministry of Education and the local economic regulators.
In the event you send your son to your neighbour’s house to avail tuitions, this may be considered as illegal employment. This is in accordance with Federal Law No. (6) of 1973 and its subsequent amendment by Law No. (13) of 1996 and Law No. 7 of 2007 (the Immigration Law) and Federal Law No. (8) of 1980 regulating employment relations in the UAE (the Employment Law).
In continuance of the above, Article 13 of Employment Law states: “No non-national may be recruited for work in the UAE without the prior approval of the Ministry of Human Resources and Emiratisation and without first obtaining a work permit in accordance with the procedures and regulations laid down by the Ministry of Human Resources and Emiratisation.
“Such permit shall not be granted unless the following conditions are fulfilled:
1-That the employee possesses the professional competence or educational qualification which the country is in need of;
2-That the employee has lawfully entered the country and satisfies the conditions prescribed in the residence regulations in force in the State.”
Based on the aforementioned provisions of law, whosoever employs an individual without the prior approval of the Ministry of Human Resources & Emiratisation (the ‘MOHRE’) or any free zone authority in the UAE without a work permit shall be committing a punishable offence.
This is in accordance with Federal Decree Law No. (7) of 2007, which amended certain provisions of Federal Law No. (6) of 1973, whereby a fine of Dh50,000 per employee has been prescribed, in the event the MOHRE finds any employer or individual employing an individual without the approval and work permit.
The table attached to Ministerial Resolution No. (851) or 2001 regarding Penal Sanctions Stipulated for the Violations under the Laws and Resolutions in Force states that the employer may be imprisoned for six months for employing individuals who are under sponsorship of others in the UAE as mentioned in Immigration Law. Upon repeated violations, expatriate employers/individuals who employ the individuals illegally will be deported and banned for life from entering the UAE.
Further, it should also be noted that in the event your neighbour is conducting tuitions at her residence, the landlord may seek her eviction on grounds of using the rented premises for commercial purposes.
This is in accordance with Article (25) (1) (c) and (f) of the Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, which states: “1. The Landlord may seek eviction of the Tenant from the Real Property prior to the expiry of the term of the Tenancy only in the following cases:
c) where the Tenant uses the Real Property or allows others to use it for any illegal purpose or for a purpose which breaches public order or morals;
f) where the Tenant uses the Real Property for a purpose other than that for which the Real Property was leased, or uses the Real Property in a manner that violates planning, construction, and use-of-land regulations in force in the Emirate”.
Your neighbour by conducting tuitions at her residence may also violate the protocols laid down by the UAE government with regards to the pandemic. To prevent the spread of Covid-19 in the year 2020, the UAE’s Ministry of Education has banned all forms of private in-person tutoring offered to students at residences, educational institutions, or any other locations in the country.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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