Question: My wife is under my sponsorship and has ‘housewife’ under ‘profession’. She’s been offered a part-time position by a company. Can she work? If so, how?
Answer: In 2018, the UAE’s Ministry of Human Resources and Emiratisation (MoHRE) implemented the Ministerial Decree No (31) of 2018 Concerning the Introduction of Part Time Employment Contracts. By the provisions of the MD 31/2018, entities in the UAE were permitted to recruit skilled employees under a part-time contract system.
Under the provisions of clause (a) of Article 4 of MD 31/2018, a person may work part-time only after obtaining the necessary work permit from MoHRE. The said clause (a) of Article 4 reads:
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“A worker under this System:
(a) May work for another employer only after obtaining a work permit from the Ministry.”
Under the provisions of Article 9 A of MD 31/2018, “Part Time Employment” is to be governed by the same rules, controls and penalties applicable to the conclusion, renewal and termination of ordinary employment contracts with or without a fixed term. The said Article 9 A, reads:
“Part Time Employment shall be governed by the same rules, controls and penalties applicable to the conclusion, renewal and termination of ordinary employment contracts with or without a fixed term.”
Furthermore, following clarifications issued by the UAE Government portal, persons living in the UAE on a visa (sponsored by a spouse or another family member) can take up part-time work after getting a permit from the MoHRE, with a ‘no-objection certificate’ or ‘NOC’ from the sponsor of the visa.
Therefore, in response to your questions, your wife may work in the part-time position, provided she is first issued a part-time work permit by the MoHRE.
Moreover, it may be noted that for issuing the part-time work permit for your wife, MoHRE shall also require an NOC from you, among other documents.
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 protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.