|UAE Employment Law 2017|
UAE Workers especially Middle class Employees who are working under salary 1500 – 2500 are complaining for no rest on special holidays in UAE including Friday’s, National Day, New Year Holiday, the birth day of Prophet Muhammad peace be upon him.
Leave with Full Pay:
Yes, in respect of the UAE National Holidays, the Employment Law prescribes that the employees (workers) shall be entitled to get leave with full pay for the said holidays.
And where, owing to conditions of work, employees (workers) are required to work on such days, they (worker) shall be entitled to receive compensatory leave on some other day and also receive additional compensation. You shall therefore be entitled to get the compensatory leave and additional benefits.
Article 81 of the Employment Law stated:
"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."
General Working Hours:
The Employment Law contains exact provisions whereby the daily period of work has been prescribed. The maximum working hours for private or general workers shall be 8 hours a day.
Extended Working Hours:
Working hours for employees who are working under Hospitality, Hotels, Trading, Security or Cafeterias visas can be extend or increase to 9 Hours a day.
Working Hours for Harmful work:
As per UAE Employment LAW, the working hours may be reduced than 8 hours for harmful (strenuous) works.
Article 65 of the Employment Law stated:
"The maximum number of ordinary working hours for adult workers shall be eight hours per day, or forty-eight hours per week. The number of hours may be increased to nine hours per day for people employed in trade, hotels, cafeterias, security and other jobs whose addition may be made by virtue of a decision from the Minister of Labour. Furthermore, the daily number of working hours may be reduced for strenuous or harmful works and such by virtue of a decision from the Minister of Labour and Social Affairs. The ordinary working hours shall be reduced by two hours during Ramadan. The commutation periods spent by the worker from the place of residence to the work site thereof shall not be calculated within the working hours."
It is written in the Employment Law that the daily hours of work are to be designed by the concerned employer in a manner that employees (workers) are not required to work for more than 5 hours at a stretch and break time should be given to workers for rest, meals and prayer and that break time should not be included as part of the working hours.
Article 66 of the Employment Law stated:
"The daily working hours shall be so regulated that no worker shall work for more than five successive hours without breaks - for rest, meals and prayer - amounting in aggregate to not less than one hour. Such breaks shall not be included as part of the working hours.
Working Hours for Factories and workshops:
In factories and workshops where work is prepared in the form of whole day and night shifts, and in processes where labor has to continue uninterrupted for technical/economic reasons, the manner in which breaks for rest, meals and prayer are to be granted shall be specified in a resolution by the Minister."
As per UAE Employment Law, if the working condition require an employee (worker) to work for more than the normal working hours, the employee (worker) shall be entitled to receive overtime payment/salary in addition to his/her regular salary.
Article 69 of the Employment Law stated:
"Where the work circumstances require a worker to work more than the normal number of hours, any period worked in excess shall be treated as overtime, for which the worker shall receive the wage stipulated for his normal working hours, plus a supplement of at least 25 per cent of that wage."
The Employment Law describe that the maximum overtime work hours for a worker shall not exceed 2 hours in a day.
Article 69 of the Employment Law stated:
"The number of actual hours of overtime shall not exceed two a day, unless work is necessary to prevent the occurrence of substantial loss or a serious accident or to eliminate or alleviate its consequences."
After reading above Employment Law articles, an employee need to work for 8 hours a day, or may be liable to work for not more than 9 hours if working in above mention establishments. However, an employee (worker) shall not be liable to work for more than 5 hours at a stretch and that employee (worker) shall be entitled to have necessary breaks (rest) for meals, rest, prayer etc.
At last, if you have worked for more than additional hours, you shall be entitled to receive overtime salary.
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