Question: I work in an Abu Dhabi-based firm. My question is about the upcoming Eid Al Fitr holidays. Can I combine these five days off with a week’s annual leave? If I take two weeks of leave, including the five-day break, how many annual leaves do I have to apply for?

Response: Pursuant to queries, it is assumed that you are employed by a firm in mainland firm Abu Dhabi. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the 'Employment Law') and the provisions of Cabinet Resolution No. 1 of 2022 Concerning the Executive Regulations of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Cabinet Resolution No. 1 of 2022’) are applicable.

The Ministry of Human Resources & Emiratization on April 21, 2022 has announced holidays from 29th day of Ramadan month (April 30, 2022) until 3rd day of Shawwal month (May 3, 2022 or May 4, 2022) for the private sector employees in the UAE as the Eid Al Fitr holidays. The Employment Law is silent pertaining to combining of annual leave with the public holidays. But in accordance with Article 21(5) of the Cabinet Resolution No. 1 of 2022 the annual leave may be combined only with bereavement leave and parental leave or with any leave without pay. However, if the public holidays arrive within the annual leave period of any employee, such public holidays are considered as part of annual leave, and it is not treated separately from the annual leave unless the employment contract or the employer’s policies states otherwise which is advantageous to the employee. This is in accordance with Article 29 (7) of the Employment Law, which states, "Days off prescribed by law or agreement shall be counted in and considered as part of the annual leave if they fall within the dates of annual leave, unless the Employment Contract or the Establishment bylaws provide for something more beneficial to the employee."

Based on the aforementioned provision of law, it is recommended that you apply for annual leave commencing from first working day upon completion of upcoming Eid Al Fitr holidays. This will enable you to apply only for nine (9) days of annual leave if the Eid Al Fitr holidays are for four (4) days or ten (10) days if the Eid Al Fitr holidays are for five (5) days based on the moon sighting. This will enable you to consider availing fourteen (14) days (two weeks) of holidays at a stretch. However, if you intend to avail annual leave before the commencement of Eid Al Fitr holidays, then you may have to obtain fourteen (14) days (two weeks) of annual leave instead of nine (9) days or ten (10) days of annual leave.

Question: I am employed in a firm based in mainland Dubai. Over the past few months, my boss has been asking me to log in to work over the weekend. I am not required to go to office, but this is official work that I am doing from home. I spend a good three to four hours every weekend like this. What are my rights in such instances? Can I be forced to work on my day off? Also, am I eligible for overtime if I choose to work like this from home?

Response: Pursuant to your queries, it is assumed that you have one day of weekly holiday as per the employment contract signed with your employer. Further, as you are employed by a mainland firm based in the emirate of Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the 'Employment Law') and the provisions of Cabinet Resolution No. 1 of 2022 Concerning the Executive Regulations of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Cabinet Resolution No. 1 of 2022’) are applicable.

In the UAE, an employee is entitled for at least one day of weekly holiday. This is in accordance with Article 21 of the Employment Law, which states "An employee shall be granted at least (1) one paid weekly rest day as specified by the Employment Contract or the internal work regulations. The weekly rest day stipulated herein may be increased by decision of the Cabinet."

In the event your employer requires you to work on your weekly holiday, then you are entitled for overtime pay based on the number of working hours. This is in accordance with Article 19 (4) of the Employment Law, which states, "If the work circumstances require that the employee be employed on the rest day specified in the Employment Contract, or the internal work regulations, he shall be compensated with a substitute rest day, or be paid his basic wage for his normal hours of work plus a supplement of at least (50%) fifty percent of that wage.” However, you may not be eligible for overtime pay if your designation is manager or supervisor. This is in accordance with Article 15 (4) (b) of the Cabinet Resolution No. 1 of 2022, which states, “The following Categories shall be excluded from the provisions on maximum working hours:

b. Persons holding supervisory positions if such positions give their holders powers of the Employer.

 

Based on the aforementioned provisions of law, your employer may not force you to work on your weekly holiday. Further, you are entitled for overtime pay (only if your designation is not of manager or supervisor) and you are eligible for compensatory leave based on the number of hours you work on your weekly holiday. In the event your employer force you to work on your weekly holiday, does not pay your overtime pay (if you are eligible) for working on weekly holiday and does not grant you compensatory leave for working during your weekly holiday based on the number of hours of work, then you may file a complaint with the Ministry of Human Resources & Emiratization.

However, if your employment contract states that the weekly holiday is one day per week and you are allotted with two days of weekly holidays as per the policy of your employer, then you may have to work on one of the days of your weekly holidays.

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