Is a government employee allowed to work part-time?

I am a woman living in Dubai. I work in a government department in the mornings. I have now found an opportunity to work in a private sector company in the afternoons. However, the private sector company has asked me to obtain the Ministry of Labour’s approval before hiring me. Will the ministry issue an approval to work in a private sector company in the afternoon although I am working in the public sector? In case I face a problem during my work with this private company, do I have the right to file a complaint in the ministry even if I have a temporary work permit?

The questioner needs to first seek the permission of the government department she is working in to work in the private sector company. If her request is approved, she can approach the Ministry of Labour for approval to work part-time. She needs to attach the approval of the government department to the application. The ministry will accordingly issue a temporary work permit for a period of six months, or one year. Finally, in the event of a dispute, the questioner has the right to file a complaint against the new employer even if the questioner holds a temporary work permit.

Non-competition clause

I have worked in a company for two years. My employer now proposes to include a non-competition clause on renewal of the labour contract. My limited labour contract expires next month. Is the employer’s proposal in accordance with the UAE labour law? Please specify the article, which states the law in detail. In case such a clause is included in the labour contract, will it be valid for a certain period? Finally, am I obliged to sign such an agreement? My employer claims that this article is mentioned in the labour law and the employee is required to sign such an agreement on the employer’s request.

Article 127 of Federal Labour Law 8 of 1980 states: “Where the work assigned to a worker allows him to become acquainted with the employer’s clients, or to become familiar with the secrets of the business, the employer may require him to refrain, after the termination of the contract, from competing with him, or participating in any enterprise competing with his own. Such an agreement shall be valid only on condition that the employee is at least 21 years of age. The agreement is limited, as regards the time, place and nature of the business, to the extent necessary to safeguard the employer’s lawful interests.”

Finally, as per the UAE labour law, the employee is not obliged to sign such an agreement.

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.