Tim Elliott
Welcome to Lawgical, the UAE’s first and only legal podcast. My name’s Tim Elliott. Lawgical comes to you from the Dubai-based legal firm, Yamalova & Plewka. Here is the Managing Partner, Ludmila Yamalova. It’s nice to see you.
Ludmila Yamalova
Tim, great to be here with you again.
Tim Elliott
I want to talk to you today, Ludmila, about retirement age. As more and more people are looking to retire into the UAE, we have discussed retirement visas and how attractive the country is as a retirement place. Am I right in saying, first of all, that there is no set retirement age for expats, or at least no legislatively set retirement age for expats?
Ludmila Yamalova
It depends on how you define retirement and for what purposes. In other words, there are several definitions, categories, and requirements for the concept of retirement, depending on the context. For example, as you mentioned, the retirement visa has one age, and that is 55 or even less if you worked in an industry for at least 15 years. In that case, you would qualify for a retirement visa. The definition of retirement here is either 55 years of age and up, or it could be even 35 if you worked in an industry for 15 years.
Then there is retirement for the purposes of employment. If you work, how long can you work, and at what point is your official retirement? Perhaps more specifically, at what stage would you no longer be allowed to work, if at all? There is that definition of retirement age.
While we are on that topic, in terms of employment and retirement, there is a little bit of a difference between expats and Emiratis. For example, expats right now, under the new UAE labor law introduced in 2022, there is no mention of a retirement age. This is quite a big departure from what existed before. Under the previous labor law, there was in fact a retirement age stated as 60.
Tim Elliott
Right.
Ludmila Yamalova
Basically, the previous labor law talked about employment, benefits, and entitlements until the age of 60. Therefore, by implication, the retirement age was 60. In fact, I am sure since both of us have been in the UAE for a very long time, we could recall many stories and cases where people were ultimately let go or told that they had to leave the company, and ultimately the country, because they were now at the age of retirement, which was 60.
Tim Elliott
Yeah. I have met people where that has happened.
Ludmila Yamalova
Exactly. Even though under the previous labor law there was an age of retirement set at 60, over time, companies started making accommodations depending on the employees’ qualifications. For example, exceptions or certain modifications were allowed for individuals to still qualify for a residence visa to work even if they were above the age of 60. This trend began before 2022.
Now, there is no specific retirement age mentioned in the new labor law at all. Therefore, there is no retirement age in that context.
But then also, and I am sure you still hear it today, certain industries may set their own retirement age. It is not mandated by law but is determined more by industry or practice. For example, we often hear that doctors in hospitals are told to retire once they reach the age of 60. I imagine there are other industries as well where retirement age could be set based on the specific industry. However, these are industry-specific and company-specific, and not mandated by law.
Then there is a retirement age in the context of pensions, which applies to Emiratis. What we just discussed applies to non-Emiratis, but pensions are for Emiratis. Depending on the type of pension and the specific circumstances, some Emiratis can start to qualify for a pension at the age of 45. For pension purposes, the retirement age can vary—it could be 45, 55, or 60, depending on the industry and benefits.
There are different definitions of retirement age. Importantly, if you want to set up your own business or be an investor in the UAE, there has never been a retirement limit. Even in the past, when you could no longer work for a company because you were over the age of 60, you could set up your own company. In that case, you would still qualify for residency in the UAE despite your age. Previously, if you were working for a company, it wasn’t so much that the company didn’t want to keep you beyond 60, but rather when the company applied to renew your visa, it would be denied because you were considered too old under the previous law. However, if you applied for residency as an investor or company shareholder, the age requirement did not apply—and this is still the case today.
Tim Elliott
Okay. I guess some companies are going to have their own retirement policies as well, so we need to take that into account, but that is case by case. The simple fact is if you can afford to retire here and have a place to reside, with family for example, you are free to essentially do as you like.
Ludmila Yamalova
You’re exactly right. It is very flexible. As we discussed in a previous podcast, if you are one of those new-age kids who got into social media influencing early and have been doing it for the last 15 years, you could be 35 now and legally qualify for a retirement visa. If you’ve done well financially, you can set your own retirement age.
If you want to work for a company, there is no law preventing you from doing so even at the age of 70. Similarly, if your health allows it and you want to set up your own business, you could be 80 or older—there is no limit.
From a corporate standpoint, because there is no specific retirement age, it doesn’t prevent companies from setting their own internal retirement policies. However, I foresee potential claims of discrimination appearing over time. For example, some companies may not want to keep someone purely due to their age. While the law no longer mandates 60 as the retirement age, people may argue that terminating someone based on age, rather than performance, constitutes discrimination.
Tim Elliott
I was going to ask that. It seems to me as though Dubai is very vibrant, very much a younger person’s place to live in many ways. But conversely, the UAE does not discriminate by age for employment purposes, so that’s not in the law. However, I can see what you’re saying—certain companies might prefer younger employees. It’s an interesting juxtaposition, isn’t it?
Ludmila Yamalova
It is. It would be interesting to see how the law evolves in that regard. The new labor law, which no longer sets a retirement age, also has robust anti-discrimination provisions. These provisions explicitly ban discrimination on the grounds of gender, nationality, origin, and other factors. Presumably, age could also be included.
If a company decides not to employ someone beyond a certain age, it could be seen as discriminatory. What legal recourse or practical claim someone might have in such cases remains to be seen. This was not an argument possible under the old laws, but now we may see such claims emerge. For example, someone might argue, “I’ve been a stellar performer, but you’re letting me go because of my age, not my performance, and now there’s no legal basis to do so.” It’s definitely a new space to watch.
To your point about Dubai being a young society, that’s true. Historically, the UAE was not set up to host retirees for the long term. But things have changed over the last 15 years, particularly in terms of the medical system, which is now much more accessible and robust. Additionally, immigration laws have evolved to attract retirees, setting the retirement visa age at 55 or lower in some cases.
The UAE is no longer just focused on being young, vibrant, and dynamic. The country, its business environment, industries, and society as a whole are maturing—not just in age but in mindset. There’s value in attracting retirees who can contribute through investment or by bringing their experience and talents into the labor market.
Tim Elliott
That’s another episode of Lawgical, focusing on the retirement age here in the UAE. Ludmila Yamalova is the Managing Partner at Yamalova & Plewka and our legal expert. As ever, thank you.
Ludmila Yamalova
Thank you very much, Tim.
Tim Elliott
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