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Monday, March 19, 2018

MOHRE Applies a Part Time System That Allows Workers to Work for More Than One Employer at the Same Time

The Ministry of Human Resources and Emiratisation (MOHRE) has started implementing a new system in order to allow enterprises to recruit employees across the country or from abroad under part time contracts, whereby Emirati or non-Emirati workers can take on any job of the first and second skill level for more than one employer at the same time, after obtaining a permit from the Ministry's without the need for any employer's consent or any other employer according to specific controls.

The Ministry of Human Resources and Emiratisation (MOHRE) has started implementing a new system in order to allow enterprises to recruit employees across the country or from abroad under part time contracts, whereby Emirati or non-Emirati workers can take on any job of the first and second skill level for more than one employer at the same time, after obtaining a permit from the Ministry's without the need for any employer's consent or any other employer according to specific controls.

 

This system implements a decision made by HE Nasser bin Thani Al Hamli, Minister of Human Resources and Emiratisation regarding the new part time contracts system. That came in parallel with the Ministry’s strategy to continue its work with the current system which allows establishing a normal employment relationship under fixed or non-fixed term contracts.

 

"The new system will enhance the flexibility of labor market and meet the needs of the job market from current jobseekers to reduce dependence on recruitment from abroad," said Nasser Al Hamli. "Part-time contracts are concluded between employers and workers, and they set the number working hours as less than the usual full-time day, which is eight hours a day or less than 48 hours a week. Workers must also have a weekly time off, not less than one day."

 

Al Hamli noted that part time contracts are important because they reduce employment costs, especially workers recruited from within the country, which would reduce operating expenses.

 

"The system helps attract experienced and talented workers and helps retain them, which would enhance productivity of the labor market across the country, especially that the part time contracts are limited to specialized professions that require high degree of scientific, technical and administrative skills with a university degree, at least. Part-time contracts also include technical professions that require the scientific, technical, practical, and management skills with a 2 to 3 years of education after high school. These professions fall under the first and second skill levels."

 

"Part time contracts are subject to the rules and sanctions currently in place regarding starting, renewing, and concluding regular labor contracts; whether a fixed or non-fixed term, simply to promote transparency and protect the rights of both parties."

 

According to the resolution of the new system, issued by HE Nasser Al Hamli, the original employer is any employer who recruits workers from abroad to work part-time jobs, or the first employer who forms a part-time contact with the worker in the UAE. While a secondary employer is any employer other than the original employer who has an employment relationship with the worker at the same time of their relationship with the original employer.

 

The original employer shall incur the applicable fees by the Ministry upon employing any part-time workers, either from outside or inside the country on part time contract. The reduced fees for the skilled workers are AED 150 to 2,000 according to the establishment's classification in the Ministry's establishments classification system. Any part-time employer must pay the same applicable fess on Part-time Work Permits, which is 100 AED.

 

The employer must handle the workers' annual leave and end-of-service bonus or any other financial obligations according to the worker's actual working hours and wage.

According to the resolution, employers must also provide the work environment requirements stipulated in the Ministry's systems.

 

Also, according to the resolution, the employer is not permitted to force the worker to work more than the agreed working hours, unless the workers consents. Employers are not permitted to prevent the worker from working in a similar establishment to prevent competition or divulging work secrets, unless with a court ruling.

 

The resolution binds the worker, as well, to perform the part-time job according to the applicable systems, specifications, and regulations of work set by the Ministry, except for the working hours where they will be only bound by the number of hours agreed upon in the contract.

 

The resolution stipulates that it is not permissible to change the part-time contract to a regular work contract unless after the part-time contract is concluded and each party has the right to sign any new contracts as they please.

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