Private tuition illegal in UAE; May face upto Dh50,000 fine

Private tuition illegal in UAE; May face upto Dh50,000 fine

The Landlord may seek eviction of the Tenant from the Real Property

The UAE Public Prosecution had earlier ordered that private teaching lessons by individuals in their residences are illegal. However, tuition centres which are approved by the Ministry of Education and the local economic regulators can continue to function.

According to the Federal Law No. (6) of 1973 and its subsequent amendment by Law No. (13) of 1996 and Law No. 7 of 2007 (the Immigration Law) and Federal Law No. (8) of 1980 regulating employment relations in the UAE (the Employment Law), “No non-national may be recruited for work in the UAE without the prior approval of the Ministry of Human Resources and Emiratisation and without first obtaining a work permit in accordance with the procedures and regulations laid down by the Ministry of Human Resources and Emiratisation."

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Such permit shall not be granted unless the following conditions are fulfilled:

1-That the employee possesses the professional competence or educational qualification which the country is in need of;

2-That the employee has lawfully entered the country and satisfies the conditions prescribed in the residence regulations in force in the State.”

Based on the aforementioned provisions of law, whosoever employs an individual without the prior approval of the Ministry of Human Resources & Emiratisation (the ‘MOHRE’) or any free zone authority in the UAE without a work permit shall be committing a punishable offence.

This is in accordance with Federal Decree Law No. (7) of 2007, which amended certain provisions of Federal Law No. (6) of 1973, whereby a fine of Dh50,000 per employee has been prescribed, in the event the MOHRE finds any employer or individual employing an individual without the approval and work permit.

The table attached to Ministerial Resolution No. (851) or 2001 regarding Penal Sanctions Stipulated for the Violations under the Laws and Resolutions in Force states that the employer may be imprisoned for six months for employing individuals who are under sponsorship of others in the UAE as mentioned in Immigration Law. Upon repeated violations, expatriate employers/individuals who employ the individuals illegally will be deported and banned for life from entering the UAE.

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If the landlord of a particular residence finds his tenant taking illegal tuition classes for neighbouring students, they can ask the person to evict the place on using the property for commercial purpose.

This is in accordance with Article (25) (1) (c) and (f) of the Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, which states: “1. The Landlord may seek eviction of the Tenant from the Real Property prior to the expiry of the term of the Tenancy only in the following cases:

c) where the Tenant uses the Real Property or allows others to use it for any illegal purpose or for a purpose which breaches public order or morals;

f) where the Tenant uses the Real Property for a purpose other than that for which the Real Property was leased, or uses the Real Property in a manner that violates planning, construction, and use-of-land regulations in force in the Emirate”.

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