2. 2. Temporary Work Permits
(a) The Registrar is the sole authority to issue Temporary Work Permits.
(b) The Registrar may in their sole discretion revoke any Temporary Work Permit approved under subsection (1)(a).
(2) Responsibility For Obtaining A Temporary Work Permit(a) The ADGM Entity engaging the Non‐Employee is responsible for obtaining, maintaining and paying the cost of the required Temporary Work Permit (in accordance with Schedule 1) prior to the Non‐Employee’s provision of any services in the Abu Dhabi Global Market to that ADGM Entity.(b) A delay in filing an application for a Temporary Work Permit will attract, in addition to filing fee applicable, a delayed application fee in accordance with Schedule 1.(c) Failure to comply with subsection (2) will be considered a contravention of these Rules and will attract a fine in accordance with Schedule 2.(d) The ADGM Entity engaging Non‐Employees shall keep records of the following:(i) Non‐Employees’ names;(ii) The date on which the Non‐Employees’ engagements began; and(iii) The date on which the Non‐Employees’ engagements expire.(e) Records prescribed in subsection (2)(c) shall be in English, kept at the ADGM Entity’s principal place of business in the Abu Dhabi Global Market and may be retained in electronic format.
(3) General Requirements For All Temporary Work Permits
(a) For any individual entering into a temporary engagement with an ADGM Entity, the relevant ADGM Entity must apply for a Temporary Work Permit.
(b) In order to be granted a Temporary Work Permit, the individual, if not a UAE or GCC national, must hold a valid UAE residence visa which is valid for longer than the requested duration of the Temporary Work Permit.
(c) Temporary Work Permits can be issued for validity periods of 3, 6 or 12 months.
(4) Specific Requirements
(a) Unless an exemption is granted by the Registrar, a Temporary Work Permit for a Secondee and an Intern shall be valid for a maximum period of 12 months and is not renewable.
(b) A Temporary Work Permit for an Outsourced Individual or Temporary Freelancer can be renewed indefinitely, upon payment of the applicable fees in accordance with Schedule 1.
(c) If the Non‐Employee is between 15 and 18 years of age, the ADGM Entity shall take all appropriate measures to ensure that conditions for that Non‐Employee’s engagement are safe, reasonable and appropriate for their age and wellbeing.
(5) Required Documents
(a) The Registrar may, from time to time, publish the list of required documents upon application for a Temporary Work Permit.
(b) These requirements are subject to change from time to time, at the Registrar’s discretion.
(c) The Registrar has the power to grant exceptions to ADGM Entities in regards to the required documents.
(6) Reduction, Waiver Or Refund Of Fees
(a) The Registrar may reduce, waive or refund all or part of any fee if it considers that, in the exceptional circumstances of a particular case, it would be equitable to do so.
(b) For the purpose of these Rules, “exceptional circumstances” is defined as any unforeseen circumstances in which the public interest outweighs the need for the imposition of the fees.
(7) Employment Regulations 2019 (Engaging Non‐employees) Rules 2019
The Employment Regulations 2019 (Engaging Non‐employees) Rules 2019 is repealed.