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UAE: How will end-of-service benefits, gratuities be calculated if I work part-time? – information

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In the UAE, an employee can work for more than one employer after obtaining permission from the Ministry


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published: Sunday, May 28, 2023 at 9:34 am

question: I’m considering a part-time job. Can you explain how end-of-service benefits and gratuities are calculated if I work for two employers?

answer: Based on your inquiry, it is assumed that you intend to work part-time with an employer in the UAE mainland. Accordingly, the provisions of Federal Decree No. 33 of 2021 on the employment relationship and the provisions of Cabinet Resolution No. 1 of 2022 on the implementation of the provisions of Federal Decree No. 33 of 2021 on the employment relationship apply.

In the UAE, employees can work part-time. This is in line with Article 6(1)(f) of Cabinet Resolution No. 1 of 2022, which states that “Subject to the provisions of Article (6) of the Decree, the types of work permits shall be determined as follows:

Part-time work permit: This type of license allows an establishment registered with the ministry to employ an employee under a part-time contract for fewer hours or days than a full-time employee. After obtaining permission from the Ministry, the employee can work for more than one employer. “

In addition, part-time employees are entitled to gratuities if they have served with their employer for more than one year. Emoluments are calculated by dividing the number of hours worked by a part-time employee by the number of hours worked by a full-time employee in a similar position with the same employer and multiplying by 100. This is the provision of Article 30 of the Labor Code, Cabinet Resolution No. 1 of 2022, which states, “The basis for termination of service benefits arising from the employment of an employee as a part-time or job-sharing type of work instead of a full-time It should be calculated according to the following mechanism:

1. The annual working hours stipulated in the labor contract divided by the annual working hours stipulated in the full-time contract multiplied by 100 (one hundred) equals the percentage of end-of-service benefits should be calculated, then this percentage should be multiplied by the end of service when the full-time employment contract expires value of benefits. “

2. Part-time jobs with a duration of less than one year are not entitled to end-of-service allowances.

The calculation of remuneration for part-time employees is also based on the payment of 21 days of basic salary for employees who have served the employer for less than 5 years, and 30 days of basic salary in the subsequent year after completing 5 years as remuneration as stipulated in Article 51 of the Labor Law stated.

In addition to gratuities, a part-time employee is eligible to receive cash in lieu of annual leave not taken during his or her employment with the employer. This is in accordance with Clause 2 of Article 19 of Cabinet Resolution No. 1 of 2022, which states that “if the employee’s service ends, he shall be paid a cash allowance for the balance of the statutory annual leave based on the basic salary”

Article 29, paragraph 9, of the Labor Law stipulates: “If an employee leaves work before taking leave, he or she is entitled to paid leave during the period not taken, regardless of the length of the leave. annual leave pay, and calculated on the basis of basic wages.”

You may be entitled to unpaid wages, one-way repatriation expenses, and any other entitlement (if any) under your employer’s human resources policy, subject to the above legal provisions and gratuity, cash replacement for your unused annual leave.

Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, UK and India. Further information on his company is available at: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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