Explained: The rules of working part-time in the UAE

Dubai - Employer and employee need to abide by the terms and conditions mentioned in the employment contract.

I am a senior citizen expat having a valid residence visa and work permit in Dubai. I have an approval from the Ministry of Human Resources and Emiratisation (MOHRE) to work part time in another company in Dubai. Is there any maximum limit in my hourly remuneration package I get from the part-time employer? What happens if the remuneration I get from the part time employer exceeds what is stated in the contract approved by the MOHRE? If my main employer wants to stop paying me salary just because I am getting remuneration from the part-time employer, can I accept his decision?

Pursuant to your queries, we assume that your main and part-time employers are based in mainland Dubai. Therefore, the provisions of Federal Law No. 8 of 1980 Regulating Employment Relations in the UAE (Employment Law) and the provisions of Ministerial Decree No. (31) of 2018 Concerning the Introduction of Part Time Employment Contracts (Part-Time Employment Law) are applicable.

There are no provisions related to a maximum limit of hourly remuneration to be paid by an employer to an employee in the Part-Time Employment Law. The employer and employee need to abide by the terms and conditions mentioned in the part-time employment contract signed between them which has been duly registered with the MOHRE. Any provisions in the employment contract or any implied understanding between the employer and the employee that is more advantageous to the employee shall be to the benefit of the employee. This is in accordance with Article 7 of the Employment Law, which states: "Terms inconsistent with the provisions of this Law including those whose effective date may precede the enforcement of this Law shall, unless they are proved more beneficial to the employee, be deemed null and void."

Further, you are entitled to your remuneration based on the number of hours and days you are employed with your original employer. This is in accordance with Article 6 (a) of the Part-Time Employment Law, which states: "The original employer shall be liable for the employee's annual leave and end-of-service gratuity as well as any other financial obligations in proportion with the actual work hours and the wage received by the employee."

Based on the aforementioned provision of law, your original employer should pay your remuneration as mentioned in your employment contract. In the event your original employer denies paying you remuneration for the actual number of hours/days you were employed with the original employer, you may approach the MOHRE and file a complaint against your original employer.
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"The original employer shall be liable for the employee's annual leave and end-of-service gratuity as well as any other financial obligations in proportion with the actual work hours and the wage received by the employee."
 
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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