UAE law: Can you get compensatory leave or extra pay if you worked on Eid?
Question: I worked during the Eid holidays. How does compensatory off work in the UAE, how long is it typically valid, and can employers set an expiry period?
Answer: Pursuant to the query, it is assumed that the mainland company you are employed with, has more than 50 (fifty) employees. Therefore, the provisions of the UAE employment law and its subsequent cabinet resolution are applicable.
In the UAE, an employee is entitled for public holidays as mentioned in the Employment Law and on dates as declared by Ministry of Human Resources & Emiratisation (MoHRE). This is in accordance with Article 28(1) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the 'Employment Law'), which states, ‘The employee shall be entitled to official leave with full pay in public holidays determined by decision of the Cabinet.’
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In the event, an employer engages an employee to work during public holidays, such employee should be granted compensatory holiday(s) for working on public holiday(s) or be paid additional salary for working on a public holiday(s) along with additional supplement of 50 per cent of basic salary. This is in accordance with Article 28(2) of the Employment Law, which states, “Should the work circumstances require that the employee be employed on holidays, the employee shall be compensated with a substitute rest day for each day worked, or be paid his salary for normal working days plus a supplement of at least (50%) fifty percent of his basic salary for that day.”
Further, an employer should have its own internal employees’ handbook or HR policy related to rules and regulations of employment if it employs more than 50 employees. This is in accordance with Article 13(3) of the UA Employment Law, which states, “The employer shall put in place internal work regulations, including work instructions, sanctions, promotions, benefits and other bylaws and internal regulations pursuant to the controls set by the executive regulations of this decree law.”
However, these may not be mandatory for entities which have less than 50 employees.
Therefore, based on the aforementioned provisions of law, an employee working during public holidays such as Eid may be entitled to either a compensatory rest day or additional pay under the UAE Employment Law. However, the UAE Employment Law is silent on the manner in which compensatory off is granted and its validity period and may instead be governed by the employer’s internal HR policies. In case an internal policy exists, the same may be reviewed and accordingly discuss with your employer to ascertain the applicable conditions, including any expiry period for utilising such leave. However, internal policy should not contradict the Employment Law.
Applicable law:
The Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
