Worked on public holiday in UAE? You are entitled to comp off, 50% extra pay

Question: We are an interior contracting company and had on the occasion of National Day declared aholiday to the workers and subcontractors on December 2. We understand that National Day is a public holiday and as such a mandatory holiday for all, including the private sector. However, our client raisedobjections and complained that delays had been caused to a work we undertook due to the leave given to the employees. What is the law regarding this?

Answer:

It may be noted that the UAE National Day is a 'public holiday' as per the prevailing laws and regulations of the UAE, and that employees working in the private sector shall be entitled to a paid leave for one day. Article 74 (g) of the Federal Law No. 8 of 1980 regulating employment relations in the UAE (the 'Employment Law') states,

"Each employee shall be entitled to official holiday with full pay on National Day for one day."

However, in case of emergency or circumstances where work is necessary, the employer may call upon his employees to work on a public holiday. And under such circumstances, the employer is liable to grant his employees compensatory leave in respect of such days on which the employees had to work in addition to a bonus which must be equal to 50 per cent of each employee's remuneration."

This is in accordance with Article 81 of the Employment Law, which states,

"Where the circumstances of the work make it necessary for an employee to work on a public holiday 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."

In view of the aforesaid provisions of the Employment Law, as discussed, employees are entitled to paid leave on public holidays, otherwise they shall be entitled to compensatory leaves and bonus, if they work on public holidays.

Know the law

Where the circumstances of the work make it necessary for an employee to work on a public holiday or rest day, he shall be granted compensatory leave in respect of such days, together with a bonus equal to 50 per cent of his remuneration.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates.

Disclaimer: The content of this article is syndicated or provided to this website from an external third party provider. We are not responsible for, and do not control, such external websites, entities, applications or media publishers. The body of the text is provided on an “as is” and “as available” basis and has not been edited in any way. Neither we nor our affiliates guarantee the accuracy of or endorse the views or opinions expressed in this article. Read our full disclaimer policy here.