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Question: My wife and I both work in separate mainland Dubai-based companies. Our two children are under my sponsorship and they enjoy insurance benefits. We are now expecting our third child, but he/she won't be covered under my company's insurance as it's capped at two. Can my third child be sponsored by my wife's company so we can avail of insurance from there? What's the procedure?
Answer: Pursuant to your queries, it is assumed that your employer is providing you and your two children with health insurance benefits. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Law No. 11 of 2013 Concerning Health Insurance in the Emirate of Dubai are applicable.
In Dubai, it is the obligation of an employer to provide health insurance benefits and bear the health care costs of its employees. This is in accordance with Article 13 (8) & (9) of the Employment Law, which states “The Employer shall:
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8. Bear healthcare costs in accordance with the legislation in force in the UAE.
9. Bear the costs of insurances, contributions and securities specified by the legislation in force.”
Furthermore, it is also the obligation of the employer to provide health insurance benefits to its employees in Dubai in accordance with Article 10 of the Dubai Health Insurance Law.
However, if an employer does not provide health insurance benefits to the family members of an employee, then it is the obligation of such employee (if he or she is on an employer’s employment visa) or his/her sponsor to bear the health insurance cost of immediate family members. This is in accordance with Article 11 of the Dubai Health Insurance Law, which states, “The sponsor shall be obliged of the following:
1. Cover the persons sponsored thereby if they have not been covered by the employer thereof.
2. Bear the cost of such health insurance coverage rather than making the beneficiaries bear such costs.
3. Verify that the health insurance of the persons sponsored thereby is valid for the length of their residence or visiting period.
4. Bear the health services and medical intervention costs in emergencies for any of the persons sponsored thereby if any of them has no health insurance in accordance with the provisions of this Law.
5. Give the persons sponsored thereby the health insurance card.
6. Provide the health insurance policy upon the residence or visiting issuance or renewal of the persons sponsored thereby.
7. Any other obligations specified by the Authority pursuant to the resolutions issued thereby in such concern.”
Based on the aforementioned provisions of law, it is not mandatory for the employer of your wife to grant health insurance benefits to your child/children. As a sponsor, it is your obligation to bear the health insurance costs of your third (to be born) child if the same is not provided by your wife’s employer. However, if the HR policy of your wife’s employer allows children of employees health insurance benefits, then your wife may approach her employer and request to provide health insurance benefits to your third (to be born) child.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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