Private tuition classes are illegal in the UAE; tutors could face a penalty of up to AED 50,000

Private tuition classes are illegal in the UAE; tutors could face a penalty of up to AED 50,000

According to Article 13 of Employment Law, if you're a Non-UAE National prior approval of the Ministry of Human Resources and Emiratisation, and a work permit are necessary to be obtained to work in the UAE. The following conditions must be met for such a permit to be granted:

1. That the employee possesses the professional competence or educational credentials which the country is needful of
2. That the employee entered the country legally and meets the requirements prescribed in the residence regulations in force.

Abide by the aforesaid provision of law, anyone who employs an individual without the prior approval of the Ministry of Human Resources and Emiratisation (the ‘MOHRE') or any free zone authority in the UAE without a work permit is committing a punishable offense, This is accordance with Federal Decree-Law No. (7) of 2007, which modified certain provisions of Federal Law No. (6) of 1973, and provides for a fine of AED 50,000 per employee if the MOHRE discovers an employer or person employing an individual without the required approval and work permit.

As per the table attached to Ministerial Resolution No. (851) or 2001 concerning Penal Sanctions Stipulated for violations of the laws and resolutions in force, an employer may be imprisoned for six months for employing individuals in the UAE who are under the sponsorship of others, as specified in the Immigration Law. Repeated violations would result in expatriate employers/individuals unlawfully employing the individuals being deported and barred from entering the UAE for the rest of their lives.

It's also important to note that even if an individual is providing private tuitions at home, the landlord may seek eviction because the rented property is used for commercial reasons. This is under Article (25) (1) (c) and (f) of Law No. (33) of 2008 amending Law No. (26) of 2007 governing the relationship between landlords and tenants in the emirate of Dubai, states that the landlord may seek eviction of the tenant from the real property before the expiration of the term of the Tenancy only in the following circumstances;

(c) where the Tenant uses the real property or allows others to use the same for any illegal purpose or purpose that violates public order or morals;

(f) where the Tenant uses the Real Property for a reason other than that for which it was rented or uses the Real Property in a manner that violates the Emirate's planning, construction, and use-of-land regulations.

By holding tuitions at home, individuals are also violating the UAE government's pandemic protocol, as the UAE Ministry of Education has banned all types of private in-person tutoring offered to students at homes, educational institutions, or any other location in the country to prevent the spread of Covid-19.