All you need to know about temporary work permits in the UAE
Found a part-time or temporary job? These are the UAE Labour Law regulations.
Dubai: If you have found a temporary work option in the UAE while you are looking for a job or on unpaid leave during COVID-19, you have the option of legally working with a new employer through a temporary work permit, which is issued by the Ministry of Human Resources and Emiratisation (MOHRE).
You can also apply for a temporary work permit if you wish to work for two employers in the UAE, with your original employer permitting you to work part-time for a second one. The permit requires establishments to submit the application on behalf of the worker and has very specific guidelines on the length of the contract as well as the maximum number of hours a person can work for the second employer. This permit can also be applied for in case you have a case with the UAE Labour Court against your current employer, and have found a second job, or if your employer has not paid your wages for over two months. So, if you fall under any of these categories, here is all you need to know about the temporary work permit.
What is a temporary work permit?
It is a service provided by MOHRE to recruit a national or expatriate worker residing in the UAE to carry out certain work within a period not exceeding six months. Applications can be printed at the service centres ‘Tas’heel’ or through companies, which have a company card registered with MOHRE, through the Ministry’s website or MOHRE app.
Once the temporary work permit application is filled out and the necessary documents submitted, the application will be transferred to the Ministry for verification. If there are any requirements which have not been met, such as missing documents, the applying company will be notified of it and asked to complete the requirements through Tas’heel service centres. If all the conditions are fulfilled, the work permit will be issued. The company can print the approval notice by visiting the Ministry’s website www.mohre.gov.ae.
Which documents are required?
The applying company would need to submit the following documents:
• A copy of both establishments’ trade licenses (the current establishment and the establishment taking on the worker on a part-time basis).
• A color photograph of the worker, with a white background.
• A copy of the worker’s passport.
• If an academic qualification is required (post-secondary diploma, university degree or equivalent), a copy of it should be attached. The certificate should be attested by the Ministry of Foreign Affairs and International Cooperation.
• A letter of approval issued by the competent authority needs be attached if required (doctor, pharmacist, nurse, and teacher).
• A copy of the contract.
• No objection certificate from the sponsor.
• A copy of the worker’s visa that includes the sponsor or establishment name. The visa should be valid for more than six months.
Terms And Conditions
The terms and conditions can vary based on the following categories:
Workers registered in the Ministry can be issued a temporary work permit under the following conditions:
• The permit and residency visa needs to be valid for more than six months.
• The temporary work permit’s period should not exceed six months or the current work contract’s expiry date (with the first employer), whichever is earlier.
• Approval of authorised signatories of the current and applying establishments.
The following workers not registered with MOHRE can be issued a temporary work permit:
• If the worker is a government employee.
• Male or female students over the age of 18, who are under the sponsorship of their relatives, schools, or universities, on the condition that the visa profession is listed as ‘student’.
• Females (from the age of 18 years) who are under the sponsorship of their relatives.
• Husbands of UAE national women.
• Children of UAE national women.
However, they need to fulfil the following conditions:
• The worker and his/her non-national relatives shall have a valid residence visa stamped in the passport.
• The guardian’s approval
• Submitting approval of the authority relevant to the profession, if applicable (For example, the Ministry of Health and Prevention, Ministry of Education, Community Development Authority, etc.)
The Ministry may approve to grant a temporary work permit, without satisfying the condition related to the former employer’s approval and the validity of the card and residence visa, in the following cases:
• A labour complaint that is referred by the Ministry to a court of law.
• If it is confirmed that the employer failed to pay wages for a period exceeding two months according to the wages protection office report or the labour relation offices report.
• The applying establishment trade license should be valid.
• The new labour profession should be suitable with the establishment activity.
• The would should not be below 18 years old.
Cost of applying for a temporary work permit
Request for initial approval of a new electronic work permit (Part-time)
• 1st Category: AED 100
• 2nd Category: Level (A) AED 100 – Level (B) AED 100 – Level (C) AED 100
• 3rd Category: AED 100
Initial approval of a new electronic work permit (Part-time) 6 month period
• 1st Category: AED 500
• 2nd Category: Level (A) AED 500 – Level (B) AED 500 – Level (C) AED 500
• 3rd Category: AED 500
The permit cost needs to be paid by the establishment applying for it.
What are your rights and responsibilities?
MOHRE issued Ministerial Decree No. (31) Of 2018 Concerning The Introduction Of Part Time Employment. According to the decree, these are the conditions of the temporary work system:
1. You should be working for the original employer for less than eight hours per day, or less than 48 hours per week. In all cases, work hours should not be less than 20 hours per week.
2. You can only work for another employer after receiving the work permit from MOHRE.
3. The number of hours you need work should be clearly mentioned in the temporary work contract.
4. Part-time employment shall be governed by the same rules, controls and penalties applicable to the conclusion, renewal and termination of ordinary limited or unlimited employment contracts.
5. Your original employer is liable for your annual leave and end-of-service gratuity as well as any other financial obligations in proportion with the actual work hours and the wage received by you.
What the law says
Ministerial Decree No. (31) Of 2018 Concerning The Introduction Of Part Time Employment
A worker working under the Part Time System may:
a- Work for the original employer for less than eight hours per day, or less than 48 eight hours per week. In all case, work hours may not be less than twenty hours per week.
b- Work for more than one employers at the same time, without the permission of the original employer or any other employer for whom he works.
A worker under this System:
a- May work for another employer only after obtaining a work permit from the Ministry.
b- Shall perform the part time job in compliance with all the Ministry’s applicable controls and behavior, safe regarding work hours, regarding which he shall be obliged only to work for the hours provided for in the Part Time Contract, subject to Article 5(a) hereof.
The employer under this System may not:
a- Require the worker to work for more than the hours agreed on unless with the worker’s written consent.
b- Prevent the worker from working for another establishment similar to his own under the pretext of No Competition or preventing the disclosure of work secrets, unless a court judgement to that effect is delivered.
a- The original employer shall be liable for the worker’s annual leave and end-of-service gratuity as well as any other financial obligations in proportion with the actual work hours and the wage received by the worker.
b- The worker may agree with the additional employer on any benefits similar to those provided for in item (a) hereof.
c- Safe the provisions of items (a) and (b) hereof, an employer shall provide the workers with the other work requirements provided for in the Ministry’s regulations, unless otherwise agreed by the parties.
The Ministry shall advise every (original and additional) employer of the entities for which the worker works upon the worker’s reception of a work permit from the Ministry. The worker shall advise every one of his employers of the same.
The Ministry may not permit a worker to work for more than 48 hours per week or 144 hour per three weeks. In cases of necessity as stated by the worker, the latter may be permitted to work for 60 hours per week. The weekly rest of the worker may not be less than one day.
A- Part Time Employment shall be governed by the same rules, controls and penalties applicable to the conclusion, renewal and termination of ordinary employment contracts with or without a fixed term.
B- The original employer shall assume the fees chargeable by the Ministry upon contracting with a worker from outside the UAE or from within, as the case may be. An additional employer shall assume the Part Time Employment fees provided for in the same System.
If the worker opts for the Part Time Employment Contract, the latter may be transformed into an ordinary employment contract only after the termination of the former and only after either party has the liberty to contract under the form he accepts.
Source: Gulf News.com