Freelance work permits in UAE explained: How to complain if salaries are delayed
Employment law recognises freelancing as a legal way of working
Question: I am a freelancer based in the UAE. I understand companies in the country are bound to pay salaries on time as stipulated in employment contracts. How about freelancers like us? Sometimes, companies delay paying freelancers like me for weeks or even months. Do we have a complaints mechanism?
Response: Pursuant to your queries, we assume that you are employed as a
freelancer by a mainland entity in the UAE and you have relevant
freelance work permits issued by the Ministry of Human Resources and
Emiratisation (the ‘MOHRE’). Therefore, the provisions of Federal Decree
Law No. 33 of 2021 on the Regulation of Employment Relations (the
‘Employment Law’) and the Cabinet Resolution No. 1 of 2022
on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the
Regulation of Employment Relations (the ‘Cabinet Resolution No. 1
of 2022’) are applicable.
The Employment Law includes the freelance work permit as a legal form of
work permit in the UAE. The freelance model of work is defined in
Article 8 of the Cabinet Resolution No.1 of 2022, which reads as:
1. Freelance is an independent and flexible work arrangement, whereby the
natural person generates income by providing his services for a
specified period of time or performing a task or providing a specific
service, whether for individuals or establishments, whereas this natural
person is in no way a worker for those individuals or
establishments.
2. The Cabinet shall, based on the Minister’s proposal, issue the
necessary resolutions for determining the procedures, rules and
mechanisms for registering freelancers in the Ministry’s systems and for
obtaining, renewing and cancelling the work permit, in a manner that
ensures the enhancement of labour market flexibility and its
requirements.”
Freelance work permit has been specifically mentioned in Article 6(1)(l)
of the Cabinet Resolution No. 1 of 2022 and it reads as: “Subject to the
provisions of Article (6) of the Decree-Law, the types of work permits
shall be determined as follows:
Freelance permit: This permit is issued to individuals wishing to
undertake independent self-employment without being sponsored by a
specific organization or employer in the State and without the condition
of having a valid employment contract, whereby the natural person earns
money by providing his services for a specific period or performing a
task or providing a specific service, whether to individuals or
establishments, whereas this natural person is in no way a worker for
those individuals or establishments.”
Based on the aforementioned provisions of law, your freelance employment
in the UAE is within the purview of prevailing Employment Law, Cabinet
Resolution No. 1 of 2022 and subsequent ministerial decrees if you have
the relevant work permit(s) issued by MOHRE for each of the employers
with whom you are working on freelance basis.
It is the responsibility of the employer to pay the salary of the
employees on time in accordance with Wages Protection System as
mentioned in Article 16(1) of the Cabinet Resolution No. 1 of 2022. In
the event the employer does not pay the salary of the employees on time,
then MOHRE may take necessary legal actions against such employer. This
is in accordance with Article 16(2) of the Cabinet Resolution No. 1 of
2022.
Therefore, as a freelancer if your employer(s) delays in paying your
salary, you may initiate an employment complaint against your employer
with the MOHRE in accordance with the Article 54 of the Employment Law
and Article 31 of the Cabinet Resolution No. 1 of 2022.
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