Introduction:
Part-time employment is becoming increasingly common in the modern workforce, offering flexibility for both employers and workers. In the UAE, the legal framework governing part-time employment is outlined in Federal Decree-Law No. 33/2021 on the Regulation of Labour Relations, supplemented by Cabinet Decision No. 1/2022, which provides detailed regulations for its implementation. Let us explore the key aspects of part-time employment under these laws.
Definition and Regulation:
Part-time employment is defined as working for an employer for a specified number of hours or days, differing from full-time employment where the employee works the full daily working hours throughout the working days. This form of employment is recognized and regulated under Article 7 of Federal Decree-Law No. 33/2021.
Work Patterns and Permit:
Cabinet Decision No. 1/2022 expands on the work patterns outlined in the labour law, introducing part-time work as a distinct category under Article 5. Article 6(f) of Cabinet Decision No. 1/2022 introduces part-time work permits, allowing establishments registered with the Ministry of Human Resources and Emiratisation (MoHRE) to employ workers under part-time contracts. This facilitates the formalization of part-time employment arrangements, ensuring compliance with regulatory requirements while offering flexibility to both employers and employees.
Employment Contracts:
Employment contracts for part-time workers must adhere to the provisions outlined in Article 8 of the Labour Law and Article 10 of Cabinet Decision No. 1/2022. The employment contracts must include essential details such as the name and address of the employer, the worker's information, job description, working hours, rest days, wages, and other pertinent terms. Both parties must agree to any changes in the contract, including transitioning between work patterns.
Annual Leave Entitlement:
Part-time workers are entitled to annual leave according to the actual working hours they spend with the employer, as stipulated in Article 18 of Cabinet Decision No. 1/2022. The duration of annual leave is calculated based on the total working hours and converted into working days, ensuring proportional entitlements comparable to full-time workers.
End-of-Service Benefits:
Article 30 of Cabinet Decision No. 1/2022 addresses part-time workers' end-of-service benefits, which are calculated based on their contracted working hours compared to those of full-time employees. This ensures fair compensation for their contribution, with temporary workers exempt from end-of-service benefits if their employment duration is less than one year.
Both employers and part-time workers must comply with the provisions outlined in the UAE Labour Law. The Ministry oversees enforcement and ensures adherence to regulations, safeguarding the rights and interests of all parties involved.
Conclusion:
By recognizing the rights and entitlements of part-time workers, while providing guidelines for employers to adhere to, these legislative measures contribute to creating a favourable environment for flexible and sustainable employment practices in the UAE.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
