Question: Can you explain the UAE’s part-time contract? How does it work?
Answer: It is assumed that your queries are related to part-time work in the mainland of UAE. Therefore, the provisions of Federal Decree -Law No. 33 of 2021 on the Regulation of Employment Relations, the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations and Administrative Resolution No. 38 of 2022 Concerning the Guidelines for Implementing Ministerial Resolution No. 46 of 2022 regarding Work Permits, Offer Letters and Employment Contract Forms are applicable.
In the UAE, an employee is allowed to work for more than one employer under a part-time employment work permit. This is in accordance with Article 7(1) (b) of the Employment Law read with Article 6 (1) (f) of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Article 7 of the Decree Law, the types of work permit shall be determined as follows:
Part-time work permit: This type of permit allows establishments registered with the Ministry (MoHRE) to employ an employee under a part-time contract where his working hours or working days are less than his full-time counterparts. The employee may work for more than one employer after obtaining a permit to do so from the Ministry.”
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Furthermore, Administrative Resolution No. 38 of 2022 states the guidelines and procedures to avail work permits in the UAE including part-time work permits issued by the Ministry of Human Resources and Emiratisation (MoHRE). Administrative Resolution No. 38 of 2022 stipulates that part-time employment work permits are granted by MoHRE usually for a period of one year. The requirements of MoHRE to issue a part-time employment work permit may include, a clear copy of a photo with a white background, a copy of a valid passport which is valid at least for six months, an approved employment contract issued by the MoHRE duly signed by an employee and employer, academic certificates duly attested by Ministry of Foreign Affairs and International Co-operation in the UAE based on relevant skill levels.
The terms and conditions to issue a part-time work permit by MoHRE as per Administrative Resolution No. 38 of 2022 may include but are not limited to 18 as the minimum age of an employee, the employee’s designation needs to suit the activity of the employer, the requirement for an employee to have UAE residency visa and employer’s license needs to be valid with no violations.
Additionally, in part-time employment an employee’s annual leave is calculated on the basis of total working hours in a year which is converted into days as per the calculation procedures stipulated in Article 29(2) of the Employment Law read with Article 18 of Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Clause (2) of Article (29) of the Decree-Law, a part-time worker shall be entitled to an annual leave according to the actual working hours he spends with the employer.
The duration of the annual leave shall be determined on the basis of the total working hours after converting them into working days, divided by the number of working days in the year, multiplied by the legally prescribed leaves, with a minimum of five working days per year for annual leave, and a fraction of a day considered as a full day in calculating the leave entitlements, according to the following:
1. The ratio of the employee’s work under a part-time contract shall be equal to the employee’s work under a full-time contract.
2. The actual working hours shall be equal to a maximum of eight working hours per day.
3. The number of working hours of the employee under a part-time contract shall be equal to the number of hours contracted.
4. The mathematical equation shall consist of the number of working hours under the employee’s part-time contract per year divided by the number of working hours under the full-time contract per year multiplied by 100 equals to the percentage.”
Furthermore, the gratuity of a part-time employee is calculated based on number of hours of employment in a year. This is in accordance with Article 52 of the Employment Law read with Article 30 of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Article (52) of the Decree-Law, the end of service benefits due to workers working in part-time or job-sharing types and not on a full-time basis shall be calculated pursuant to the following mechanism:
1. The number of working hours set out in the employment contract per year divided by the number of working hours in the full-time contract per year multiplied by 100 equal to the percentage on which the end-of-service benefit should be calculated, then, this percentage should be multiplied by the value of the end of service benefit due for the full-time employment contract.
2. The end of service benefit shall not apply in the case of temporary employment if its duration is less than one year.”
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.