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NEWS July 19 2018

Ministerial Decree Number 31/2018 – New Resolution on Part-time Working in the UAE

A new system for the labour market, implemented by the Ministry of Human Resources and Emiratisation (MOHRE), was issued on 21 January 2018 and came into effect on 1 March 2018. The decrees are expected to alter the contractual relationship between employers and employees in the UAE and contain a new set of rules for the labour market.

The service is open to any establishment wishing to employ a worker from inside or outside the country with a partial employment contract. Through this resolution, the employee can work simultaneously for many sub employers without the permission or NOC letter from the first main employer (Article 4).

Conditions

  • The employee should work less than 48 hours weekly (or less than 8 hours daily) but not less than 20 hours weekly with the original employer.
  • The employee can work simultaneously with many employers (under a partial part-time contract) without submitting a NOC letter from the original employer or any other employer that person is working with. Therefore, it is possible to grant more than one partial part-time contract work permit for any one person.
  • The employee is not entitled to work with an additional employer without a work permit from the Ministry.
  • The Ministry will directly notify the original employer and the sub employers of any new work permit issued by the employee.
  • Labour law is applied for the partial employment contract with the exception of the working hour’s articles.
  • During the contract period, the employer cannot increase the working hours unless the employee agrees.
  • Article 127 (competitor’s law) is invalid for a partial employment contract.
  • The primary employer holds the most significant role as the sponsor of the employee and as such should pay the associated costs including visa, annual leave, gratuity, air ticket or any other dues as per the working hours agreed. The employee can discuss such benefits with the sub employers at a later date (Article 6).
  • Limited contracts and unlimited contracts are both still applicable in partial employment contracts.
  • The original employer bears all of the employment expenses from the Ministry of Human Resources, including health insurance and the part-time work permit.
  • The partial employment work permit cannot be transferred to a normal work permit until the end of the employee’s term. 

Additional Notes

  • The validity of the contract term is 2 years, the same as a standard full-time contract and will be automatically cancelled on the expiry date.
  • Should the original contract be cancelled, the subcontracts should also be cancelled. 
  • Only skilled designations, either category 1, 2 and 3 can apply for a partial employment contract.
  • WPS transferring is required (original contract).
  • A Good Conduct Certificate is required.
  • A person on a visit or tourist visa cannot legally work part-time and cannot avail of this facility as he or she would not have a legal sponsor in the country.
  • Any resident over the age of 65 years old cannot apply for the permit.

Required Documents

  • A typed offer letter which should match the contract.

Service Time

  • 5 working days.

Service Fee

  • Request for initial approval of a new electronic work permit (part-time)

o  1st Category: AED 100 

o  2nd Category: Level (A) AED 100 – Level (B) AED 100 – Level (C) AED 100 

o  3rd Category: AED 100

  • Initial approval of a new electronic work permit (part-time) 6 month period

o  1st Category: AED 500

o  2nd Category: Level (A) AED 500 – Level (B) AED 500 – Level (C) AED 500

o  3rd Category: AED 500

Where to Apply

The applications can be submitted to the Tasheel Service Centers or through establishments participating in the Ministry's e-forms program.


Ehab Alashker is a senior associate in our litigation department. For advice employing part-time workers, contact our litigation team on 04 354 4444 or info@horizlaw.ae

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