Host
It is Drive Live—4001, 423 1010 is the phone number. If you have the app on your smartphone, which is available for iOS or Android, you can text through for free. Absolutely no money. We have an hour of legal questions—just under Legal Hour on Drive Live.
Host
And Ludmila Yamalova is here with us. It is, of course, a delight to see you. Thank you for coming back.
Ludmila Yamalova
Great to be here. Thank you for having me. The implication there was that you weren’t going to come back, and I didn’t mean it to sound like that. Just having one of those days, I’m afraid. Well, here we are.
Host
Questions through. We’ve got a number of questions in. I wanted to bring up one topic first of all, because this is, I guess, on lots of people’s minds. You’ve recently sought clarification from the Dubai Health Authority on requirements and guidelines for health insurance policies. One question you sought clarity on was whether an employee could benefit from the health insurance of their spouse instead of having a separate insurance policy provided by their employer.
Ludmila Yamalova
Correct. So as a preface to this particular question, the query relates to the recent Dubai health insurance law, which made it mandatory for all companies to provide health insurance to all their employees. We’ve had a number of cases recently where an employee who is about to be hired by a company asks if they could remain on the health insurance provided by their spouse.
This could be because the spouse works for a larger company offering a much more generous health insurance plan that covers the employee and their entire family. Logically, they assume that this is possible because the plan is UAE-based, which is one of the requirements for health insurance in Dubai, and they are already covered by it.
However, the Dubai Health Authority has clarified that it is the obligation of the employer or sponsor to provide health insurance to the individual they sponsor. This means that even if someone is covered by their spouse’s health insurance, the employer is still required to provide a separate health insurance policy, as it becomes a prerequisite for the employment agreement and ultimately, the residence visa.
Host
So, to clarify, this particularly applies to situations where, for example, the husband is covered by his wife’s insurance, but if he starts a new job and is issued his own employment visa, the new employer must provide him with health insurance?
Ludmila Yamalova
Exactly. The company sponsoring the visa is obligated to provide health insurance for that employee. However, the company is not required to match the level of coverage offered by the spouse’s plan. The health insurance provided by the employer becomes the primary policy.
That said, it is possible to maintain two insurance policies. They are not mutually exclusive. So, an employee can keep the spouse’s insurance plan and still receive coverage from their employer. Both plans can work together.
Host
How does that work in practice? For example, if someone has physiotherapy coverage under both policies—let’s say six sessions per policy—can they combine them for a total of 12 sessions?
Ludmila Yamalova
Yes, they can, but with limitations. You cannot claim for the same session twice. However, if you exhaust the benefits from one policy and still require additional sessions, you can claim those under the other policy.
Host
What about situations where an employee stops working and moves under their spouse’s sponsorship? Do they need to revisit health insurance?
Ludmila Yamalova
Yes. In that case, the spouse becomes the sponsor, and it is their responsibility to ensure that the dependent has health insurance. On the flip side, if the dependent gains employment and is issued their own visa, their new employer must provide health insurance for them.
Host
Understood. We’ve got more questions lined up, including some that came in earlier by email. If you have a question about health insurance or any other legal matter, text us at 4001 or via the app.
Host
Now let’s get to one of the email questions we received. This comes from a small business owner who’s been using a typing service for visa-related processes. The issue they’ve raised is about a staff visa renewal. They discovered a 9,000 dirham fine from the Labor Office due to a missed renewal of the Labor Card, which costs just 150 dirhams.
The owner trusted the typing service to manage everything, including timelines, and paid all fees through them. They’re asking two things: first, whether they have legal recourse against the typing service to recover the penalty, and second, if the labor office system itself failed, as they believed one process couldn’t proceed without the other being completed.
Ludmila Yamalova
This is a great question, and it highlights several issues. Let’s address the first one: legal recourse against the typing center. Much depends on two factors: the contract between the business owner and the typing center, and the typing center’s actual scope of activity as per their license.
If the service agreement does not clearly outline the typing center’s responsibilities—such as renewing the Labor Card by a specific date—it will be challenging to hold them accountable. Typing centers are typically licensed to assist with administrative services, like filling out and submitting forms, not managing deadlines.
Host
So, if they’re not explicitly acting as a PRO service, the typing center isn’t legally obligated to take responsibility for missed deadlines?
Ludmila Yamalova
Exactly. Without a clear contract or PRO responsibilities specified in writing, it’s unlikely you can pursue legal action against the typing center. Furthermore, if their license is only for typing services, it would be outside their legal authority to manage full visa processing.
Now, to the second part of the question: whether this was a failure of the labor office system. Based on the sequence of events described, it doesn’t appear to be. Renewing the visa typically precedes renewing the Labor Card. If the typing center failed to follow through on the latter step after completing the visa renewal, that’s not an issue of systemic failure but rather a service oversight.
Host
So what should the business owner do moving forward?
Ludmila Yamalova
Firstly, they should always verify that any third-party service provider is properly licensed for the services they’re offering. Secondly, they need a detailed written agreement specifying the scope of responsibilities, timelines, and consequences for delays or mistakes. This ensures accountability in the future.
In this case, it’s worth approaching the labor office to explain the situation and request a waiver or reduction of the fine. While it’s not guaranteed, it’s always worth trying.
Host
If you have similar questions about labor law, visas, or anything else, keep them coming! We’re speaking with Ludmila Yamalova of Yamalova & Plewka Legal Consultants, and we’ll be back with more after this quick break.
Host
Welcome back to Drive Live: The Legal Hour. We’re here with Ludmila Yamalova, answering your legal questions. If you’ve just joined us, you can text us at 4001 or use the app to send your queries for free. Let’s dive into more of your questions.
Host
Here’s one from a listener who says, “What do you do about noisy neighbors? Can you report them to the police?” This is such a common issue in apartment buildings or close-knit communities. Ludmila, what’s your advice?
Ludmila Yamalova
Yes, noisy neighbors can definitely be reported. You have two main authorities to consider: the municipality and the police.
If the noise is coming from a commercial establishment, such as a restaurant or club, you can report it to the municipality. They regulate businesses and can investigate noise violations.
If the noise is from a private neighbor—say, someone hosting loud parties at odd hours—then the police are the appropriate authority. However, it’s worth noting that the police might not prioritize such complaints unless the noise is excessive or persistent.
My advice is to try and resolve the issue amicably first. Speak to your neighbor or contact your building management if you’re in an apartment complex. But if that doesn’t work, don’t hesitate to report it to the authorities.
Host
Good advice. Moving on to another question: “Is a probation period of 90 days legal? I’ve been asked to sign a contract with this clause, and I’m not sure if it’s standard.”
Ludmila Yamalova
Yes, a 90-day probation period is legal and quite standard. The UAE Labor Law allows employers to place new employees on probation for a maximum of six months.
A 90-day probation period is well within the legal limit. However, it’s important to note that the probation duration must be specified in the employment contract. Once the probation period ends, the employee should be confirmed as a permanent employee or let go, as extending probation beyond the agreed term is not allowed under the law.
Host
Got it. Here’s another question about employment contracts. “My company has placed me on unpaid leave for six months. Is this allowed? Shouldn’t I still be paid since I’m employed by them?”
Ludmila Yamalova
This depends on whether the unpaid leave is voluntary or imposed. If you agreed to the unpaid leave, it’s legal. However, if it’s forced, you may have grounds to challenge it.
Under the UAE Labor Law, employees must be compensated for their services. If the leave wasn’t mutually agreed upon and was imposed by the employer, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). Additionally, the six months would still count toward your end-of-service benefits, regardless of whether it’s paid or unpaid.
Host
Good to know. Let’s move on to tenancy-related questions. We’ve received this one: “I gave 51 days’ notice instead of the required 60, and my landlord is demanding an additional year’s rent because I broke the contract. Can they do this? Would paying the nine extra days of notice solve the issue?”
Ludmila Yamalova
This situation comes down to negotiation and the specific terms of your rental agreement. Legally, the UAE Tenancy Law requires tenants to give 90 days’ notice if they intend to vacate the property, unless the contract specifies otherwise.
If you’ve given less notice than required, the landlord might claim damages. However, they can only claim actual losses. For example, if they’ve already found a new tenant to take over the property, they wouldn’t have grounds to demand a full year’s rent.
Offering to pay the additional nine days is a good-faith gesture, but if the landlord is unreasonable, they might withhold your security deposit instead. If it escalates, you can file a case with the Rental Dispute Settlement Centre (RDSC), where the court will evaluate whether the landlord has suffered any actual damages.
Host
That’s reassuring to hear. Now, here’s another one on inheritance. “If a husband dies, will a joint bank account with his wife be frozen? Will she lose access to her portion of the funds?”
Ludmila Yamalova
This is an important question, and it comes up often. By law, joint bank accounts should be frozen when one account holder passes away. However, this only applies to the deceased’s share of the account. In most cases, that’s 50%. The surviving spouse’s share should remain accessible.
In practice, the account might be frozen entirely until the bank receives official instructions from the court regarding the deceased’s portion. This is done to protect the rights of the deceased’s heirs.
To avoid complications, I recommend keeping a separate personal account for daily expenses and emergency funds. That way, even if the joint account is frozen temporarily, you’ll still have access to your own funds.
Host
Great advice. It’s always better to plan ahead for these situations. We’re almost out of time, but let’s squeeze in one final question. “Can an employer extend an employee’s probation period beyond six months?”
Ludmila Yamalova
No, the law is very clear on this. An employer cannot extend the probation period beyond six months. Once the probation ends, the employee must either be confirmed as a permanent staff member or terminated.
Additionally, an employer cannot place the same employee on probation more than once, even if they are rehired after a break or transferred to another role within the same company.
Host
Thank you for clarifying that, Ludmila. That’s all the time we have for today. If you didn’t get your question answered, you can email us at DriveLive@Dubai1038.ae, and we’ll try to address it next week.
Host
Thank you, Ludmila, for your insights today.
Ludmila Yamalova
Always a pleasure. Thank you for having me.
Host
You’ve been listening to Drive Live: The Legal Hour on Dubai Eye 103.8. Stay tuned for more after the break!
