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Will part time staff be counted for emiratisation quota purposes.

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If so, what is the minimum number of hours per day? 

The emiratisation quotas set out in the following Ministerial Decisions do not distinguish between full time and part time employees:

*     Ministerial Decision No (43) of 2005 - banks operating in the UAE are required to undertake to employ UAE Nationals at a rate of 4% annually.

*     Ministerial Decision No (42) of 2005 - entities operating in the insurance sector in the UAE are required to undertake to employ UAE nationals at the rate of 5% annually.

*     Ministerial Decision No (41) of 2005 - commercial companies operating and employing 50 employees or more are to undertake to employ UAE nationals at the rate of 2% annually.

However, Ministerial Resolution No (286) for the year 2006 states that in the event that UAE nationals are not paid as per the monthly criteria (5,000 dhs for post secondary school certificate holders, 4,000 dhs for secondary school certificate holders and 3,000 dhs for those below secondary school education) the UAE nationals in question will not be included in the employer's Emiratisation quota account.

Therefore, provided the employees in question are paid above the minimum wages specified above then there is nothing in the current legislation to prevent them from being included in the quota. The policy of TANMIA or the Ministry of Labour may of course change from time to time.

 

Answer provided by DLA Piper

Last Updated ( Sunday, 17 January 2010 13:39 )  

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