Question: I am a manager in a mainland Dubai company. If I hire a freelancer for a six-month project, can I ask him to come to the office? What kind of working relationship would we have - in terms of office hours, leave, etc.? Please advise.

Answer: In UAE, the freelance model of work is defined in Article 8 of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations, 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 of Human Resources & Emiratisation (MoHRE) systems and for obtaining, renewing and cancelling the work permit, in a manner that ensures the enhancement of labour market flexibility and its requirements.”

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Further, Article 6 of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations mentions the types of work permits and freelance work permits and Article 6(1)(l) of the Cabinet Resolution No. 1 of 2022, which states:

“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 organisation 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, you may have a formal engagement letter or service agreement which clearly defines the scope of work, deliverables, timelines, and payment terms. If an individual is employed as a freelancer without a valid work permit issued by MoHRE, then such employment may be considered illegal.

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: Readers may e-mail their questions to:... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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