Part-time jobs in UAE: All you need to know
Know your legal rights when it comes to taking up part-time employment in UAE.
Question: I currently work full time at a company in Dubai. I wish to take up part-time work. How do I go about this? Should I get a special permit? Please explain the legalities involved.
Answer: Pursuant to your queries, it is assumed that you are employed by a mainland company based in the emirate of Dubai and you are looking for part-time employment with any entity operating in the mainland of UAE. Therefore, the provisions of Ministerial Decision No. (31) of 2018 Concerning Developing a New Employment System Under Part-Time Contracts (the ‘Part Time Employment Law’) are applicable.
For an individual to commence part-time work, in addition to his/her regular work, the following conditions must first be fulfilled:
(i) The individual must first obtain a no objection certification or ‘NOC’ from his/her regular employer (i.e., the first part-time employer) to that effect, if the said first part-time employer is also sponsoring the individual’s residence in the UAE;
(ii) The individual must then enter into a written contract (the ‘Part-Time Contract’), with the subsequent part-time employer; and
(iii) The subsequent part-time employer must then obtain a ‘part-time work permit’ from the Ministry of Human Resources & Emiratisation (the ‘MOHRE’) for the individual.
The terms of the Part-Time Contract may allow an individual to work for less than eight hours a day or 48 hours a week for the first part-time employer. But such work hours cannot be less than 20 hours a week. This is in accordance with Article 3 of the Part-Time Employment Law, which states,
"The part-time contract allows the employee:
a) To work for the original employer (first part-time employer) less than eight hours per day, or less than 48 hours per week, provided that the working hours shall not be less than 20 hours per week.
b) To work simultaneously with more than one employer (second part time employer), without having to get the permission of the original employer or any other employer he is working with."
Further, the MOHRE shall notify all employers of an individual about all his regular and part-time employment in the UAE, as per the provisions of Article 7 of the Part Time Employment Law, which states: “The ministry notifies every employer (original or secondary) about any new employer of the employee, upon obtaining by the latter a work permit from the ministry. The employee covenants to notify every employer he works with about the same.”
Further, following Article 6 of the Part-Time Employment Law, an individual employed on part-time basis is eligible for annual leave, end of service benefits and any other benefits as per his or her working hours with the subsequent part-time employer as well.
For an individual to work full time for the subsequent part time employer, Article 10 of the Part-Time Employment Law, shall apply. It states: “In case of choosing to work with the Part-time Contract, changing it to a regular contract is not allowed unless the Part-time Contract is terminated, and each party has the freedom thereafter to enter any desired kind of contract.”
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: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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