Residents need employer’s nod to do part-time work
Q: I have been working in an engineering firm in Dubai for the last five months. After my office hours, I get some free time in the evenings. I wish to take up a part-time job to utilise this time and make some extra money. I heard that there have been some rule changes for doing part-time jobs. Is it legally permissible to take up a part-time work in addition to my current job? If it is, what should I consider while/before taking it up? A:
Pursuant to your queries, it should be understood that an adult resident in the UAE is eligible to be employed on a part-time basis, provided he obtains a no-objection certificate (NOC) from his existing full-time employer. The prospective part-time employer needs to submit an NOC to the Ministry of Human Resources & Emiritisation to obtain a work permit, which is valid for a maximum period of six months.
Residents in the UAE above the age of 18 who are under sponsorship of their father and those under their husband’s sponsorship may also avail the facility of part-time employment with NOC from their sponsor (father or husband). The provisions related to part-time work are governed by Ministerial Order 31 of 2018 (the ‘Part-Time Employment Resolution’), which came into force on March 1, 2018. The said Ministerial Order allows the employee to work for a part-time employer for less than 48 hours per week. This is in accordance with Article 3 of the Part-Time Employment Resolution, which states:
“The part-time contract allows the employee: a) To work for the original employer (first part-time employer) less than eight hours per day, or less than 48 hours per week, provided that the working hours shall not be less than 20 hours per week. b) To work simultaneously with more than one employer, without having to get the permission of the original employer or any other employer he is working with.” Further, Article 6 of the Part-Time Employment Resolution states that an employee is entitled to all benefits as mentioned in the Federal Law No. 8 of 1980 Regulations Employment Relations in the UAE.
How to get back unpaid loans below Dh50,000
Q: A friend based in Dubai has borrowed Dh3,000 from me. I have his email confirming it and mentioning that he will be returning the money by end of September 2018. But now, he is not responding to my calls. Can I take legal action against him? A:
As the amount of loan lent to your friend is only Dh3,000, it is recommended that you lodge a civil complaint against your friend at the Centre for Amicable Settlement of Disputes at Dubai Court (the ‘Centre’). The Centre is a reconciliation department, which deals with debts/claims amounting below Dh50,000. You have to provide your and your friend’s details along with the details of the case and supporting documentary evidence (email confirmation as stated by you) to the Centre. Your petition should contain the relevant details and documents as mentioned in Article 42 of Federal Law NO. 11 of 1992 regarding Civil Procedures Law of UAE, which states: “The civil action shall be submitted to the court at the request of the plaintiff by a plaint to be deposited with its registrar. The plaint shall include the following details:
1. The name of the plaintiff, his surname, profession or job, place of his domicile and place of his work
2. Name of the defendant, his surname, profession or job, his domicile, place of his work, name of his representative, his
surname, profession or job, his domicile and place of his work if he works for others. However, if the defendant or his representative’s domicile or place of work is unknown, his last domicile or place or residence or place of work.
3. If the plaintiff has no domicile in the state, a selected place of residence shall be given
4. The course of action, the demands and the supporting evidence
5. Date for submission of the complaint to the court
6. The court before which the action has been brought
7. Signature of the plaintiff or his representative.”
You may approach the Centre for further details.
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: news@khaleejtimes. com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.