Are remote and hybrid work formats included in Emiratization compliance?

Dear Questioner,

Certainly! Remote work and hybrid work arrangements are becoming increasingly recognized in the UAE, though they need to adhere to certain regulatory guidelines depending on the industry and company structure.

These working formats may count toward the Emiratization percentage in some cases, but specific details may vary based on your business sector and employee categories.

Regarding the hiring of students, there are specific requirements related to their work permits, including the type of residency status and restrictions on working hours.

Students typically need permission to work, and there are often limits on how many hours they can work during their studies.

For a detailed answer tailored to your specific situation, feel free to contact us via WhatsApp. Our office specializes in this area and can provide you with legal advice.

We are honored to provide you with specialized legal support for your case.

Hello,

Yes, remote and hybrid work arrangements are now widely accepted in the UAE. Many companies have adopted these models, especially post-pandemic, to offer flexibility to their employees.

However, it's important to note that the specific implementation of remote and hybrid work can vary depending on the industry, company size, and individual job roles.

The student must have a valid student visa issued by the Federal Authority for Identity and Citizenship (ICP).

The visa should permit part-time work. If you need further clarification, you may ask us.

Dear Questioner,

I hope you are doing well. Thank you for reaching out with your questions regarding remote work, hybrid work arrangements, and the requirements for hiring a student in the UAE.

Below is the information addressing your queries:

1. Remote and Hybrid Work Arrangements

As per the UAE Labour Law and the guidelines issued by the Ministry of Human Resources and Emiratisation (MOHRE), remote work and hybrid work arrangements are now officially recognized and are considered legitimate work formats.

Employers can adopt these work arrangements, and they have been included in the approved work formats, especially following recent updates to the Labour Law aimed at accommodating modern work practices.

However, it is important to ensure that these arrangements are clearly defined in the employment contract, including the working hours, expectations, and any relevant terms concerning employee rights and responsibilities while working remotely or in a hybrid format.

2. Emiratization Impact

As for Emiratization (the initiative to increase employment of UAE nationals in the private sector), remote and hybrid work arrangements are generally included in the Emiratization percentage calculations.

The focus remains on the employee's nationality, and as long as the employee is a UAE national, their remote or hybrid work will contribute to the Emiratization percentage.

There may be specific reporting or compliance mechanisms to ensure that these employees are counted accurately in terms of Emiratization quotas, especially for businesses subject to the Emiratization program in certain sectors.

3. Hiring a Student

When hiring a student, the UAE Labour Law provides specific guidelines to ensure compliance with regulations regarding minors and student workers:

- Age Requirement: A student must be at least 15 years old to be employed in the UAE.

- Work Permit: The student must have a work permit issued by the Ministry of Human Resources and Emiratisation (MOHRE). This permit will outline the specific conditions under which the student can work, such as part-time hours, which are typically limited.

- Type of Work: Students are generally permitted to perform part-time work or internships, but this should not interfere with their education. Additionally, the type of work should not be harmful to their health, safety, or development.

- Parental Approval: In some cases, parental consent may be required, especially for students under the age of 18, as part of the work permit process.

- Contractual Details: It’s important that the employment contract clearly outlines the student's role, working hours, salary (if applicable), and any provisions regarding their study commitments.

For both the remote/hybrid work arrangements and hiring a student, I would recommend ensuring that employment contracts are updated to reflect these arrangements.

Additionally, the necessary paperwork and permits (work permits for students, or MOHRE approvals for remote work) should be in place to ensure full compliance with UAE laws.

Should you need assistance in drafting employment contracts, work permits, or have any further questions, please feel free to reach out. I'm happy to assist with any legal matters you may require.

Best regards,

Mohammed Salah

Legal Consultant

Thank you for reaching out with your inquiry regarding remote and hybrid work arrangements as well as the requirements for hiring students.

Remote and hybrid work arrangements can be included in approved work formats under the UAE Labor Law, provided they comply with the Ministry of Human Resources and Emiratisation (MOHRE) regulations.

They may also count toward the Emiratization percentage, but this depends on specific conditions set by MOHRE, such as ensuring proper employment contracts and adhering to other Emiratization criteria.

When it comes to hiring students, there are specific requirements to be followed. These typically include obtaining a part-time work permit for the student, ensuring the student's work hours comply with labor laws, and securing a signed agreement between the employer, the student, and their guardian (if under 18).

Additional documentation may be needed based on the student's residency and visa status.

To provide you with detailed guidance tailored to your needs, I recommend scheduling a consultation to discuss these matters further.

Please feel free to reach out to me via WhatsApp or phone at [---------], and I’ll be happy to assist you.

Looking forward to supporting you with your queries.

Best regards,

Suhail Rana

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Remote work and hybrid work arrangements are included in the approved work formats in the UAE, and they can contribute to the Emiratization percentage as long as the employees meet the necessary criteria set by the Ministry of Human Resources and Emiratisation (MoHRE) for Emiratization.

When hiring a student, employers must ensure compliance with specific requirements, including obtaining written consent from the student's parent or guardian, proof of student status, a valid UAE residence visa for expatriate students, and a physical fitness certificate issued by a competent medical authority.

Additionally, students must be enrolled in an accredited institution and obtain a no-objection certificate from their educational institution if required.

Any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks & Regards,

ABDUL WAHIED

1. Remote and hybrid work arrangements in the UAE:

Yes, remote and hybrid work arrangements are officially permitted according to the Ministry of Human Resources and Emiratisation (MOHRE) if they are properly registered in the system.

Employment contracts involving remote or hybrid work must be clearly documented with working hours, location, tasks, and salaries to ensure compliance with the law.

2. Emiratization percentage calculation:

Included: Emirati employees in remote and hybrid work are counted towards the Emiratisation percentage if they are registered in the Wage Protection System (WPS) and meet the legal employment requirements such as salaries and working hours.

3. Employing students in the UAE:

- Permit required: Companies can employ students aged 15 years or above after obtaining a temporary work permit from MOHRE.

- Appropriate visa: They must have a valid residence visa and an official sponsor (such as a university or parent).

4. Basic requirements for employing students:

- Temporary or part-time employment contract.

- Commitment to specific working hours not exceeding 6 hours per day for students under the age of 18. Not assigning them to dangerous or strenuous work.