Most international companies intending to run payroll services in the UAE choose to establish a subsidiary as a separate legal entity. Employers must still deal with the Federal Tax Authority of the Ministry of Finance and the General Pension & Social Security Authority. The responsibility of operating payroll is one element that companies must balance against the opportunities of expanding into the seven Emirates that form the federation of the UAE – Dubai, Abu Dhabi, Ajman, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain.
Incoming companies must understand the complexities involved in setting up a subsidiary, which is a legal requirement for being able to operate payroll for their staff. Opening a limited liability company is the most popular option, but restrictions apply. Under the Commercial Companies Law (2015), 51% of shareholding had to be with Emirati nationals, although proposals to remove this requirement were announced in late 2020. Outsourcing payroll services in the UAE will streamline your operations by dealing with the following procedures for onboarding staff:
- Issuing employees with the standard Ministry of Human Resources and Emiratisation (MOHRE, formerly Ministry of Labor) job offer letter detailing the terms and conditions of employment.
- Ensuring employer and employee sign the MOHRE’s official Federal Labor Contract, which should be created in Arabic and English. Free Trade Zones (FTZs) often have their own standard contracts, while some allow employers to issue their own employment contracts.
- Employers operating ‘onshore’ – i.e., not in an FTZ, need MOHRE approval to change the terms of a contract.
- Ensuring the employee has the UAE ID card, mandatory for all citizens and residents, and issued by the Federal Authority for Identity, Citizenship, Customs and Port Security (ICP).
- Registering new employees with the MOHRE and the relevant local authorities once the contract is signed (which is during the visa application process in the case of non-Emiratis).
- UAE nationals and citizens of the other Gulf Cooperation Council nations (Bahrain, Kuwait, Oman, Qatar and Saudi Arabia) must be registered with the GPSSA within one month of starting work.
- Remitting the employer’s contribution of 12.5% of the employee’s salary to the GPSSA, in addition to the employee’s contribution of 5%, by the 15th following the salary month. Employers in Abu Dhabi remit 15%.
- Under the Dubai Health Insurance Law, the employer is responsible for ensuring all employees have health insurance that equals or exceeds the minimum benefits required by the Health Authority. Requirements vary in other Emirates.
- Employers must also plan for the end-of-service gratuity (ESG) payments to staff at the end of their employment, whether through dismissal, retirement or resignation.
Note: There is no social security scheme for expatriates.
In the case of registering non-Emiratis for employment, companies face additional protracted procedures, including:
- In addition to the MOHRE, employers must also deal with the ICP and the General Directorate of Residency and Foreigners Affairs in whichever of the seven Emirates they operate.
- Before applying for a work permit, the employer must apply to MOHRE for the ‘eSignature’ card for their company.
- Employers must register the job offer letter with MOHRE before they can apply for a visa for the employee.
- Pre-approval of the work permit application requires the eSignature card, business license, employee’s photograph and passport with a minimum of six months validity. The UAE’s Ministry of Foreign Affairs and International Cooperation must authenticate any necessary academic qualifications.
- Employers must sponsor the prospective employee, satisfying criteria such as educational and professional qualifications and lawful entry into the UAE, that the relevant employment sector does not have suitable Emirati candidates.
- Quotas apply to the number of non-Emiratis employed, according to MOHRE’s limits and depending on the company’s legal structure, type of operation, and location.
- MOHRE requires a bank guarantee of AED 3,000 (EUR 784, USD 816) for each sponsored employee
- Employers face fines of up to AED 20,000 (EUR 5,200, USD 5,445) for false or incomplete data.
The complexity of these procedures highlights why most foreign companies entering the UAE’s employment market hand their payroll services to Employer of Record (EOR) experts such as Bradford Jacobs. By outsourcing payroll, your company complies with employment regulations without risking sanctions or financial penalties for late, incorrect or incomplete registration. You focus on your goals and expansion, free of any concerns over payroll while your staff get to work.