It is illegal to hire employees based on nationality or gender in the UAE

QI recently started working for a recruitment company and I have been asked to write and publish job adverts that ask for a particular nationality or for a woman in a specific age range. I don’t think it is right to specify this. It is illegal in my home country but when

I queried, I was told that doing this is fine in the UAE. Surely the UAE has laws about this? Please advise. PM, Dubai A

The UAE has Federal Decree Law No 2 of 2015 on combating discrimination and hatred, and this very much applies to everyone.

The issue was highlighted in

The National last year and at the time the assistant undersecretary of the Ministry of Human Resources and Emiratisation, Omar Al Nuaimi, confirmed the application of the law. Article 6 of this law states: “Any person, who commits any act of discrimination of any form by any means of expression or by any other means, shall be sentenced to imprisonment for a period not less than five years, and by a fine not less than Dh500,000 and not exceeding Dh1 million or either one of these two penalties.”

The Ministry has previously warned companies that they should not circulate job advertisements that specify gender, race or ethnicity and that any discrimination on the basis of someone’s religion, belief, sect, faith, creed, race, colour, ethnic or national origin is illegal. The only exceptions are in respect to Emiratisation, or where a man or woman is required as there is some intimacy about the job, such as working in a spa.

In this situation, I suggest that PM directs her management to the law and points out that they are likely to receive a substantial fine, at a minimum, if they are reported.

I have joined a company and although they follow the law and provide medical insurance, it is very basic. I’d like to know if I am allowed to take out another policy for myself so I can have better cover. Can I have two plans and do I have to tell my employer? SB, Dubai

Under Dubai Health Authority rules, it is permissible to have two medical insurance policies in place at the same time provided that a claim is only made from one plan each time. There is no requirement to notify an employer.

My wife started working for a school last year and completed a full year. She is under my sponsorship and I gave a letter of no objection for her to work. The school gave her a two-year fixed term employment contract. She was recently diagnosed with a medical condition and cannot continue to work. She resigned but the school management is putting a ban on her and also demanding an amount equal to 45 days of her salary. Since her residence was sponsored by me, can the school demand that, and if we don’t pay, can the school make a legal case? Can she be put on an immigration list for people who cannot leave the country? AR, Abu Dhabi

It is understood that Mrs R works for a private school so UAE Labour Law applies in this situation. It is unfortunate that she is unwell and so has resigned, but the school is acting unfairly. As she is under her husband’s sponsorship, she cannot be banned.

As Ms R is on a fixed-term contract that she is breaking early, she will be subject to a penalty. In accordance with UAE Labour Law, Article 116: “Should the contract be rescinded by the worker, the worker shall be bound to compensate the employer for the loss incurred thereto by reason of the rescission of the contract, provided that the amount of compensation does not exceed the wage of half a month for the period of three months, or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.”

The school cannot request a ban on someone they have not sponsored. There is also no reason why she would be on any immigration list for leaving a job.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with over 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @ FinancialUAE. The advice provided in our columns does not constitute legal advice and is provided for information only