Question: I work as a radiologist in a healthcare group in Dubai. After obtaining a no-objection certificate from my employer, I entered into a part-time employment contract with a firm in Al Ain, where I am a specialist radiologist since April 2018. However, the firm is not paying me regularly. At the moment, they owe me four months of salary. Are there any legal options available for me to recover this amount?
We assume that your part-time employment is approved by and registered at the Ministry of Human Resources and Emiratisation (Mohre). It should be understood that an individual resident in the UAE is eligible to be employed on a part-time basis provided that he obtains a no-objection certificate (NOC) from his existing full-time employer. The part-time employer needs to submit an NOC - issued by the full-time employer - to the ministry 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 the sponsorship of their father and those under their husband's sponsorship may also avail of 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 took effect on March 1. This 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. Therefore, based on the aforementioned provisions of the law, you are entitled to file a complaint with the ministry against your part-time employer for the non-payment of salary for four months.
KNOW THE LAW
A part-time employee is entitled to all benefits mentioned in the UAE labour law and may file a complaint against an employer for the non-payment of salary.
By Ashish Mehta
Copyright © 2019 Khaleej Times. All Rights Reserved.