The Ministry of Human Resources and Emiratisation (MoHRE) introduced a new system under Ministerial Decree Number 31 of 2018 to govern Part-Time Employment Contracts. This system allows eligible employees to engage in part-time work arrangements. Under UAE legislation, part-time employment is defined as a contract where the agreed working hours are less than the standard eight hours per day.
Eligibility for Part-Time Employment
Any UAE national or expatriate aged 18 or older with a valid UAE visa can apply for a part-time work permit through MoHRE. However, individuals on tourist or visit visas are not eligible. The decree also defines the roles of primary and secondary employers, which differ significantly in terms of responsibilities and obligations.
Primary and Secondary Employers
- Primary Employer:
- The primary employer acts as the employee’s sponsor and is responsible for applying for their initial work permit and covering the associated costs.
- The primary employer must provide end-of-service gratuity, annual leave, and other financial benefits based on the employee’s working hours and wages.
- Secondary Employer:
- The secondary employer hires the employee for additional part-time work. They are required to cover the costs of the secondary work permit and pay the agreed salary.
- Secondary employers are not legally required to provide statutory benefits like gratuity or annual leave but may offer such benefits at their discretion.
Key Regulations and Processes
- Work Permits: Employees must secure a work permit from MoHRE for each part-time job. A No Objection Certificate (NOC) from the primary employer is not required. However, employees must inform all their employers about additional jobs. MoHRE will notify employers when issuing new permits.
- Work Hours: Employees are limited to a maximum of 48 hours per week, with a weekly day off. In exceptional circumstances, this can be extended to 60 hours per week, but only with written consent from the employee.
- Non-Compete Clauses: Employers cannot prevent an employee from working for another organization within a similar industry unless they obtain a court judgment enforcing non-compete or confidentiality clauses.
- Transition to Full-Time: Employees can switch from part-time to full-time employment by terminating their current part-time contract. Legal advice is recommended in such cases to ensure compliance with UAE employment laws.
Contractual Differences
MoHRE’s standard employment contract formats (limited or unlimited) remain applicable for part-time jobs, with adjustments to reflect the reduced working hours. Contracts with secondary employers differ from those with primary employers, particularly concerning employee benefits, which are typically discretionary for secondary roles.
Benefits of the System
The implementation of Ministerial Decree Number 31 provides greater flexibility for both employers and employees. It enables employers with limited budgets to hire part-time workers and offers employees the opportunity to work fewer hours or explore multiple roles. However, part-time contracts are primarily available to skilled workers and are not universally accessible.
This system aligns with the UAE’s commitment to creating a dynamic and flexible labor market that benefits both employers and the workforce.
