Legal Consultant
Although the full-time workday is still the most common in several companies, other modalities have gained evidence and become more and more frequent in the market, and among them is part-time work.
Nowadays, part-time work is highly sought after by professionals looking for more flexibility, gaining professional experience, and even complementing the family income.
Legally, there are no differences between full-time and part-time jobs. All employees’ rights must be guaranteed in both cases. However, because it is a different contract than the traditional one, professionals are often in doubt as to whether or not they should opt for a part-time job.
The UAE legislation considers Part-time work as a contract under which the employer and the (national or foreigner) worker agree that work hours shall be less than eight hours per day.
According to the law, temporary work is a contract with no more than 6 (six) months validity.
A temporary contract can be full or part-time.
Any UAE resident (national or not) holding a valid visa and above 18 years and less than 65 years old, can apply for a part-time work permit.
People under visit or tourist visa cannot apply for part-time employment.
A NOC (Non-objection letter) of your sponsor must be issued, and your residence visa should be valid for more than 6 months at the time of the application.
The future employer also has to issue a NOC acknowledging the visa status of the applicant.
The collection of paperwork and the above-mentioned NOC’s are a responsibility of the future employer, as the payment of all application fees with the MOHRE via Tas’heel.
Yes, the UAE law allows an employee to apply for a part-time work permit valid for 1 (one) year if certain conditions are met.
In 2018 the Ministerial Decree (31) implemented a new rule which allows the companies to recruit skilled¹ workers from inside the country or from abroad under a part-time contract system.
A worker working under the Part-Time System may:
It is important to underline that both cases, the employee must obtain the work permit before working in a second job.
The article no. 8 of the Ministerial Decree (31), states that the is not allowed for the worker to work for more than 48 hours per week or 144 hours per three weeks. In cases of necessity, it may be permitted to work for 60 hours per week, if the employee justifies the need for overtime. The weekly rest of the worker may not be less than one day.
The original/first employer shall be liable for the worker’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 worker.
Meaning if you hold one full-time job and one part-time or two part-time jobs. The responsible for the abovementioned benefits shall be your primary employer.
I already have one part-time job; can my primary employer refrain me from working for another company under non-competition circumstances?
No, according to the article no. 5 of the Ministerial Decree (31), the primary employer cannot prevent the worker from working for another establishment similar to his own under the pretext of No Competition or preventing the disclosure of work secrets, unless a court judgement to that effect is delivered.
The part-time contract can be converted into a full-time/regular contract?
No. Only after the termination of the part-time contract, it may be transformed into a regular employment contract, assuring the liberty of contract for both parts.
¹These types of contracts are limited only to skilled workers, namely holders of university degrees or higher and those who completed a two- or three-years diploma in any technical or scientific field.
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