Q2) I am employed by a company that is based in the emirate of Dubai. I have attained the age of 60 and am residing in the UAE on a residence visa sponsored by my employer that shall expire in August 2021. My attested degree certificate designates me as an 'engineer'. I intend on working as a part-time consultant in another firm to which my employer has no objection and is willing to provide me with a no-objection letter. Is the no-objection letter sufficient to work part-time at another firm? What's the procedure to be followed in order to legally work part-time at another firm? Will the Ministry of Human Resources and Emiratisation reject my employer's applications for work permits and residence visas of future employees if my employer issues a no-objection letter to me?
Answer: We assume that you are employed by a company based in the mainland of UAE and therefore, the provisions of Federal Law No. (8) of 1980 regulating employment relations in the UAE (the 'Employment Law') and the 'Ministerial Decrees', issued in furtherance of the Employment Law may also be applicable, in addition to the Employment Law.
And therefore, it may be noted that the relevant provisions of the Ministerial Decree No. (31) of 2018 concerning the introduction of part-time employment contracts (the 'Part-Time Employment Resolution') will also be applicable.
In response to your first and second queries, it may be noted that a resident in the UAE, above 18 years of age, is eligible to be employed on a part-time basis, provided a work permit is issued by the Ministry of Human Resources and Emiratisation (Mohre) for the intended part-time work. This is in accordance with Article 4 (a) of the part-time employment resolution, which states:
The application for part-time work will have to be made by the prospective part-time employer, through a 'Tas'heel' service center. Along with the application, certain documents regarding the prospective part-time employee are also to be submitted. One of such documents is a no-objection certificate (the 'NOC') issued by the existing full-time employer of the prospective employee intending to work part-time. The NOC will have to be submitted along with other documents - the details of which may be provided by the 'Tas'heel' service center concerned.
The Mohre, upon review of the application and the other documents, may issue work-permit to the applicant for part-time work.
In response to your third query, it may be prudent to contact the Mohre and inquire if the issuance of an NOC by your present full-time employer for your part-time work permit will affect your present full-time employer's applications with the ministry for the issuance of work permits and residence visas for future employees.
Know the law
The application for part-time work will have to be made by the prospective part-time employer, through a 'Tas'heel' service center
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Copyright © 2019 Khaleej Times. All Rights Reserved. Provided by SyndiGate Media Inc. (Syndigate.info).