Would I be working legally? | ExpatWoman.com
 

Would I be working legally?

32
Posts
EW NEWBIE
Latest post on 22 February 2017 - 11:12

Hi there, is anyone able to help me with an employment query?

I have been offered a job to work part-time as an accountant for an individual. I am sponsored on my husband's visa and have an NOC from him.

The contract I have been asked to signed says that I am to be considered a consultant and not an employee and therefore have none of the associated employee rights. The contract is for 2 years and requires me to give 12 weeks' notice. It also says it is governed by English law and it hasn't been issued in Arabic.

Will the contract be enforceable? Do I need a work permit? Is the employer being naughty here, should they really be employing me? Do I need to set myself up as a company?

Any advice would be gratefully received!

96
Posts
EW NEWBIE
Latest post on 26 February 2017 - 09:09
It's only the Abu Dhabi freezone, that requires you to work within the freezone, the rest don't care. UAE, Fujairah, DMC, DSS really aren't that bothered. NB freezones don't issue labour cards, because they're freezones and self governing with their own labour laws, so as far as I'm aware MOL rules don't always apply. I don't have a labour card and haven't had one for a couple of years now, I'm not working illegally, as my permits and licenses are legal. It's certainly not one hard and fast rule. All well and good until there is a dispute or complaint, such as the poster's above case.
2264
Posts
EW EXPERT
Latest post on 26 February 2017 - 08:48
It's only the Abu Dhabi freezone, that requires you to work within the freezone, the rest don't care. UAE, Fujairah, DMC, DSS really aren't that bothered. NB freezones don't issue labour cards, because they're freezones and self governing with their own labour laws, so as far as I'm aware MOL rules don't always apply. I don't have a labour card and haven't had one for a couple of years now, I'm not working illegally, as my permits and licenses are legal. It's certainly not one hard and fast rule.
16
Posts
EW NEWBIE
Latest post on 25 February 2017 - 00:57
I'm quite confused by this. Of course you need a Labour card to work for someone. You can't work from home unless you have an Intlaq license. Freelancers are supposed to work within the freezone I believe. Anyway, if I was you I would just take this months salary and not give anything in writing. If she challenges you then you can just tell her to meet you at the MOL and take it from there. She won't do that, I am sure of it. Be careful about taking a consultancy license, it is very restrictive.
2264
Posts
EW EXPERT
Latest post on 23 February 2017 - 19:13
Sorry saralou, but not strictly true. fluffyfrank, what they're basically doing is employing you as a freelancer - I have one of these contracts, as I am freelance and have my own visa, as do many of the others that work with me - those in spouse visas are required to provide an NOC. Our contracts are only in English, and it lays out our key responsibilities and what is expected. 30 days notice is what written for us. This is normal, not at all illegal. But you don't have any rights as an employee, as you're not on the company's sponsorship and they'll just pay you the agreed shift rate. It's fine. Basically because it's a freelance contract - that's why they've put you as a consultant, none of the labour laws really apply and in that respect they can't ask you for 12 weeks notice, which is ridiculous. I'd say approx 30% of the staff in my department work under these contracts, so definitely not illegal - and ours is a company that does everything by the book. Hi FD So does that mean that anyone can work from home and no form of permit is required other than an NOC from Husband? Everything I have ever read or heard from the authorities has stated that you would need some form of work permit/licence to freelance It would be great to know this for clarification Thanks Working from home is a whole different area and NOT what we're talking about here. Because if you're running a business and earning a living from a residential property, it puts you in breach of your tenancy contract - hence why a whole load of home tutors got fined a couple of years a go. As I said many of our freelance staff are on their husbands visa, all they had to do was provide an NOC and a copy of their visa and EID to HR and there's been no issues at all. But the NOC is a must, unless you have your own visa. I don't even think they issue temporary labour cards anymore. I have a consultancy visa and a trade license.
32
Posts
EW NEWBIE
Latest post on 23 February 2017 - 14:12
Thanks all for the replies and giving a different angle on things. I must admit it would be very unlike my boss to put herself on the wrong side of the law. I'm hoping I don't need a consultant's licence as this is purely a part-time flexible role that I work around my family. My husband earns more in a month than I do in a year so 20k for a licence is not worth my while and I don't need employee rights. My research online gives conflicting advice but most seems to suggest I need a labour card and to have an employment contract, which I don't have. I'm being employed by an individual not a company so don't know if that's an issue.
2
Posts
EW NEWBIE
Latest post on 23 February 2017 - 12:33
Sorry for being off topic, but is freelancer job worth doing? How much one can earn monthly min on average? Was going through some job ads on this site and thinking of giving it a try if its worth your time and effort.
8965
Posts
EW MASTER
Latest post on 23 February 2017 - 11:31
Sorry saralou, but not strictly true. fluffyfrank, what they're basically doing is employing you as a freelancer - I have one of these contracts, as I am freelance and have my own visa, as do many of the others that work with me - those in spouse visas are required to provide an NOC. Our contracts are only in English, and it lays out our key responsibilities and what is expected. 30 days notice is what written for us. This is normal, not at all illegal. But you don't have any rights as an employee, as you're not on the company's sponsorship and they'll just pay you the agreed shift rate. It's fine. Basically because it's a freelance contract - that's why they've put you as a consultant, none of the labour laws really apply and in that respect they can't ask you for 12 weeks notice, which is ridiculous. I'd say approx 30% of the staff in my department work under these contracts, so definitely not illegal - and ours is a company that does everything by the book. Hi FD So does that mean that anyone can work from home and no form of permit is required other than an NOC from Husband? Everything I have ever read or heard from the authorities has stated that you would need some form of work permit/licence to freelance It would be great to know this for clarification Thanks
193
Posts
EW NEWBIE
Latest post on 23 February 2017 - 10:32
Hi there, Another option for you to feel "legal" is to obtain a consultants license. This would allow you to legally issue invoices and work for several companies at once if you wish as well as open a corporate bank account. I would advise this option if you have several assignments coming in as it's an investment of approx. 20.000 AED/ yearly.
2264
Posts
EW EXPERT
Latest post on 23 February 2017 - 09:14
Sorry saralou, but not strictly true. fluffyfrank, what they're basically doing is employing you as a freelancer - I have one of these contracts, as I am freelance and have my own visa, as do many of the others that work with me - those in spouse visas are required to provide an NOC. Our contracts are only in English, and it lays out our key responsibilities and what is expected. 30 days notice is what written for us. This is normal, not at all illegal. But you don't have any rights as an employee, as you're not on the company's sponsorship and they'll just pay you the agreed shift rate. It's fine. Basically because it's a freelance contract - that's why they've put you as a consultant, none of the labour laws really apply and in that respect they can't ask you for 12 weeks notice, which is ridiculous. I'd say approx 30% of the staff in my department work under these contracts, so definitely not illegal - and ours is a company that does everything by the book.
8965
Posts
EW MASTER
Latest post on 22 February 2017 - 13:29
Thanks for replying sarahlou. The contract has a clause saying: "The relationship of the Consultant to the Client will be that of an independent contractor. The Client and the Consultant acknowledge that nothing in this Agreement shall render the Consultant an employee, worker, agent or officer of the Client, and the Consultant shall not hold herself out as such." As far as I know they did not obtain a Labour Card. What if, hypothetically, I have already been working for this individual for a year? I only work for her and work 15 hours a week part-time from home. The job was advertised on this website and I also went through a reputable recruitment consultant. I had no reason to suspect I was doing anything wrong. Getting cold feet now and want out but my employer wants 12 weeks' notice and for me to recruit my own replacement (!) as stipulated in the contract. I've got a feeling the contract isn't worth the paper it's written on and I could/should quit immediately. Personally speaking I wouldn't of touched it with a ten foot barge pole I too work in recruitment however I wouldn't entertain an employer that didn't provide a visa or labor card. Sadly you are also culpable as you are working for them illegally however I do not know how that would play out if your employer went to the MOL etc. Your employer is getting the better end of the deal as she does not have to pay any gratuity/maternity/holiday pay I personally don't think she can make you work 12 weeks notice as your employment isn't legal and the business of English law baffles me completely as it isn't valid here
32
Posts
EW NEWBIE
Latest post on 22 February 2017 - 12:32
Thanks for replying sarahlou. The contract has a clause saying: "The relationship of the Consultant to the Client will be that of an independent contractor. The Client and the Consultant acknowledge that nothing in this Agreement shall render the Consultant an employee, worker, agent or officer of the Client, and the Consultant shall not hold herself out as such." As far as I know they did not obtain a Labour Card. What if, hypothetically, I have already been working for this individual for a year? I only work for her and work 15 hours a week part-time from home. The job was advertised on this website and I also went through a reputable recruitment consultant. I had no reason to suspect I was doing anything wrong. Getting cold feet now and want out but my employer wants 12 weeks' notice and for me to recruit my own replacement (!) as stipulated in the contract. I've got a feeling the contract isn't worth the paper it's written on and I could/should quit immediately.
8965
Posts
EW MASTER
Latest post on 22 February 2017 - 12:19
Hi there, is anyone able to help me with an employment query? I have been offered a job to work part-time as an accountant for an individual. I am sponsored on my husband's visa and have an NOC from him. The contract I have been asked to signed says that I am to be considered a consultant and not an employee and therefore have none of the associated employee rights. The contract is for 2 years and requires me to give 12 weeks' notice. It also says it is governed by English law and it hasn't been issued in Arabic. Will the contract be enforceable? Do I need a work permit? Is the employer being naughty here, should they really be employing me? Do I need to set myself up as a company? Any advice would be gratefully received! hello 1 Is the employer providing you with a labor card as they should under the law 2 UAE labor does state 30 days notice period however companies are able to extend that however you both have to agree 3 Yes you need a contract and the company has to lodge an Arabic version with the MOL or FZ entity 4 I am not sure about the governed by English law as that would not be applicable here and if you had to seek advice how could you go to the MOL as they don't follow English law
 
 

ON EXPATWOMAN TODAY