How can a tour operator company in Dubai hire drivers who already have visas?

Dear Questioner,

Thanks for your inquiry.

Regarding the above, we would like to inform you that, when hiring chauffeurs who already possess valid visas in the UAE, there are several legal considerations to ensure compliance with local laws. Here are some key points to keep in mind:

1. No Objection Certificate (NOC):

If the chauffeurs are on a company-sponsored visa, you will typically need to obtain a No Objection Certificate (NOC) from their current employer. This document confirms that their current employer allows them to work for your company.

If they are on an independent visa (e.g., a freelance or investor visa), an NOC may not be necessary.

2. Contractual Agreement:

Third-Party Contractor Clause: It is important to specify in the contract that the chauffeurs are considered third-party contractors. This helps clarify the relationship and responsibilities.

Scope of Work: Clearly define the services they will provide, including responsibilities and hours of work.

Payment Terms: Include details on compensation, payment schedule, and any bonuses or incentives.

Liability and Insurance: Outline liability clauses and ensure that adequate insurance coverage is in place for both parties.

Termination Clause: Include conditions under which the contract may be terminated by either party.

Compliance with Local Laws: State that both parties agree to adhere to UAE laws and regulations regarding employment and business operations.

3. Driver’s Visa Status:

If a driver has a partner visa, they are typically allowed to work as long as the visa conditions permit it. However, the sponsoring partner must provide NOC if applicable.

Check that the partner visa allows the individual to work in the capacity required for your business. Some partner visas have restrictions.

4. Additional Considerations:

Driver’s License: Ensure that the chauffeurs hold a valid UAE driver’s license for the type of vehicle they will operate.

Background Checks: Conduct background checks for safety and reliability.

Health and Safety Compliance: Ensure compliance with any health and safety regulations that apply to driving services.

Kindly do not hesitate to reach out to us directly by phone or email for any further legal needs.

Greetings

Thank you for your inquiry regarding the legal requirements for hiring chauffeurs in Dubai who already possess valid visas. Here's a breakdown of the key considerations:

1. Hiring Chauffeurs with Valid Visas:

If the chauffeurs are sponsored by another company (or hold a partner visa), you are not responsible for providing their visa. However, you must ensure they are legally allowed to work for your company.

2. No Objection Certificate (NOC):

Yes, it is necessary to obtain a No Objection Certificate (NOC) from the company or sponsor that issued the current visa. This document confirms that the sponsor has no objection to the individual working for your company.

3. Contractual Agreement:

The contract should explicitly state that the chauffeurs are hired as third-party contractors and not employees of your company. This clarifies their employment status and avoids any issues with labor laws.

The contract should also outline their job responsibilities, payment terms, duration of the agreement, and liability for accidents or damage while performing services for your company.

Ensure the agreement complies with UAE labor laws and includes clauses on confidentiality, termination, and dispute resolution.

4. Chauffeur with Partner Visa:

A partner visa typically allows the individual to work in their own company or, in some cases, under certain conditions for other companies. You must ensure that the terms of their partner visa allow them to work as a third-party contractor for your company, and this should also be outlined in the contract.

Next Steps:

I recommend drafting a detailed contract that includes all of the above elements and seeking legal confirmation on the NOC and partner visa limitations to ensure compliance with UAE laws.

Please feel free to reach out if you require assistance with preparing the contractual agreement or navigating the NOC process.

Best regards,

Omar Mosaad

Senior Legal Consultant

OSLegal

While hiring chauffeurs with existing valid visas can simplify some aspects of recruitment, ensuring compliance with local laws through proper documentation such as NOCs, clear contracts defining contractor status, and adherence to specific visa conditions remains critical.

You can contact us to inquire about all the required procedures, and we will provide you with documented legal consultations to protect you from any future issues.

As a tour operator in Dubai, hiring chauffeurs with valid visas who are not sponsored by your company requires careful consideration of legal and regulatory requirements.

It's advisable to have a clear contractual agreement with the chauffeur, explicitly stating their status as a third-party contractor. This clarifies the nature of the working relationship and avoids any potential misunderstandings.

While not strictly mandatory, obtaining an NOC from the chauffeur's current sponsor can provide additional assurance regarding their legal status and potential restrictions on their employment.

If you need further explanation kindly share your WhatsApp number.

You need a No Objection Certificate (NOC) if the driver is working on a work visa issued by another party.

You do not need an NOC if the driver is working on a partner visa, but you need to make sure that the contractual relationship is clear.

The contractual agreement must be in writing and make it clear that the drivers are independent contractors.

By following these steps, you will be in a legally sound position to employ drivers without legal problems.