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Thursday, March 7, 2019

Mandatory for Companies to Entitle Leave on Holidays

UAE Cabinet just announced the holidays for both public and private sectors in UAE, is it mandatory for companies to follow the calendar and allow holiday to employees?


Yes As per Article 74 of Federal Law number 8 of 1980, it is mandatory for companies to entitle leave with full pay on below occasions:

1. New Islamic Year (Higri): 1 day
2. New Year’s Day (Gregorian): 1 day
3. Eid ul Fitr: 2 days
4. Eid ul Aldha : 3 days
5. Birthday of Prophet Mohammad [PBUH]: 1 day
6. Al Isra and Al Mi’raj: 1 day
7. UAE National Day: 1 day


What are the repercussions if they don’t follow the calendar?

Employers who require the services of their employees on a public holiday due to operational requirements are liable to provide their employees with compensatory leave on another day as well, as to provide such employees with additional remuneration.

Know the UAE Labour Law:

In this respect, we note Article 81 of the same law as above mentioned:
“Where the circumstances of the work make it necessary for a worker to work on public holidays or rest day in respect of which he is entitled to full or partial pay, he shall be granted compensatory leave in respect of such days, together with a bonus equal to 50 per cent of his remuneration. If he is not compensated for such days by leave, his employer shall pay him a bonus equal to 150 per cent of his basic remuneration in respect of the days worked.”

Ramadan Duty Timing:

As declared by the Ministry of Labour, working hours across the UAE throughout Ramadan are reduced by two hours for both public and private sectors, whether staff members are Muslims or not.

Many companies do not implement the two hours reduction during Ramadan?

A service articulation states that businesses are required to diminish working hours to 36 hours per week during the Holy month of Ramadan.
Companies and employees are encouraged to inform the Ministry of Labour about such violation whereby employers ask employees to work after the declared working hours during blessing month of Ramadan.

What about 24 Hours Service Provider Companies?

Essential services will continue to run throughout the Ramadan period.
As put forward by the Dubai Health Authority, hospitals and health care institutions will operate on a shift basis to ensure the centers are continuously operable and that their employees only work the specified hours as per the law. Some institutions follow Ramadan timings; however emergency departments function 24 hours.



How can employees report a violation by the employer?

Complaints can be sent directly to the Ministry of Labour (MOHRE) at 800 60 by the employees against the companies in such cases.

The Ministry investigates the facts of the claim and companies that do not follow compliance with the terms and conditions will be considered in the breach of the Federal Labour Law and will be imposed with penalties.

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