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Employment & HR

Engaging freelancers and remote workers

A freelancer with a permit is a supplier. A freelancer without one, working exclusively for you under your direction, is an employee you have not sponsored — and the exposure is entirely yours.

Permit check itExclusivity the risk factorExposure on the company

The entitlement

What the law gives, regardless of contract.

UAE companies routinely engage freelancers, and lawfully so where the individual holds a freelance or self-employment permit, or a trade licence, covering the work being done. In that case the relationship is commercial: they invoice, you pay, and there is no employment. Where the individual holds no permit — a spouse on a dependant visa, someone on a visit visa, a person whose employment visa is sponsored elsewhere — the arrangement is not a supply of services. It is unlicensed work, and the company engaging it carries the exposure.

Beyond the permit question, the shape of the relationship matters. Where an individual works exclusively for one company, under its direction, on its premises or systems, to its hours, with no other clients and no business of their own, the substance is employment however the invoices are labelled. That matters practically at the point it breaks down: a person in that position who claims unpaid dues at MOHRE will argue they were an employee, and the tribunal will look at the substance. Gratuity, notice and leave entitlements for the whole period then become live, and none of them were budgeted.

The numbers

Lawful basis
A freelance permit, self-employment permit or trade licence
Not lawful
Dependants, visit visa holders and other companies' employees
Substance test
Direction, exclusivity, hours, premises, other clients
Exposure
Sits with the engaging company
If reclassified
Gratuity, notice and leave apply for the whole period
Alternative
A part-time or temporary work permit

What it costs

Holds a freelance permit or licenceA supplierGenuinely commercial: they invoice, you pay, no employment arises.
Exclusive, directed, your hours and premisesAn employeeIn substance, whatever the invoices are labelled.
Spouse on a dependant visa, no permitUnlicensedExtremely common, and the exposure sits with the engaging company.
The label on the invoice does not decide it. Direction, exclusivity and the permit do.

In practice

How this is actually administered.

  1. Ask to see the permit or licenceNot a promise that one exists. It should cover the activity you are paying for.
  2. Check the activity matchesA design freelance permit does not cover software development, and the mismatch is visible on the invoice.
  3. Keep the relationship genuinely commercialDeliverables rather than hours, their own equipment where practical, other clients, no line management.
  4. Contract properlyA services agreement with scope, deliverables and IP assignment. UAE law does not assign IP to a client by default.
  5. If it is really employment, make it employmentA part-time or temporary permit is cheaper than a reclassification argument.
The mistake people make. Engaging a spouse on a dependant visa as a freelancer. It is extremely common, it is unlicensed work, and the penalty falls on the company rather than on the individual who was happy to invoice.

Related

Questions

No. The individual needs a freelance or self-employment permit or a trade licence covering the work. The engaging company carries the exposure.

Not without their own permit. A dependant residence does not authorise work, and a freelance permit can be obtained on a dependant visa.

Substance: exclusivity, direction and control, fixed hours, your premises and systems, and no other clients.

Not automatically the client. Assign it expressly in the contract.

One question

How many people are on the payroll?