Working Hours and Leave
Regulations on working hours, overtime, annual leave, and public holidays for employees.
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Comprehensive Guide to Working Hours and Leave in the United Arab Emirates (UAE)
The UAE has a well-defined labor law framework that governs working hours, leave entitlements, and other employment-related policies. These regulations are primarily outlined in Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, which applies to private-sector employees. Public-sector employees follow separate regulations. Below is a detailed guide to working hours, overtime, and leave entitlements in the UAE.
1. Working Hours in the UAE
Standard Working Hours
- Private Sector:
- The standard working hours are 8 hours per day or 48 hours per week.
- During the holy month of Ramadan, working hours are reduced by 2 hours per day for all employees, regardless of religion.
- Public Sector:
- Public-sector employees typically work 7 hours per day, with shorter hours during Ramadan.
Overtime Policies
- Employees who work beyond the standard working hours are entitled to overtime pay:
- Overtime Pay Rate:
- 25% additional pay for overtime worked during regular hours.
- 50% additional pay for overtime worked between 10:00 PM and 4:00 AM.
- Maximum Overtime: Overtime cannot exceed 2 hours per day, unless the nature of the work requires it and is approved by the Ministry of Human Resources and Emiratisation (MOHRE).
- Overtime Pay Rate:
- Exceptions: Senior managerial positions and certain categories of employees may be exempt from overtime entitlements.
Rest Periods
- Employees are entitled to a 1-hour break after every 5 consecutive hours of work.
- A weekly rest day (usually Friday) is mandatory, though this may vary depending on the employer and the nature of the job.
2. Leave Entitlements in the UAE
The UAE labor law provides various types of leave to ensure employee well-being and work-life balance. Below are the key leave entitlements:
A. Annual Leave
- Employees are entitled to 30 calendar days of annual leave after completing 1 year of service.
- For employees with less than 1 year of service, leave is calculated on a pro-rata basis (2 days per month after completing 6 months of service).
- Unused Leave: If an employee does not take their annual leave, they are entitled to compensation for unused leave days, calculated based on their basic salary.
B. Sick Leave
- Employees are entitled to 90 days of sick leave per year, which can be taken consecutively or intermittently:
- First 15 days: Full pay.
- Next 30 days: Half pay.
- Remaining 45 days: Unpaid.
- To avail of sick leave, employees must provide a medical certificate issued by a licensed medical practitioner in the UAE.
C. Maternity Leave
- Female employees are entitled to 60 days of maternity leave:
- First 45 days: Full pay.
- Next 15 days: Half pay.
- Additional unpaid leave of 45 days can be taken if the employee provides a medical certificate stating that her health condition requires it.
- Nursing mothers are entitled to 2 daily breaks (not exceeding 1 hour in total) for breastfeeding during the first 6 months after childbirth.
D. Paternity Leave
- Male employees are entitled to 5 working days of paid paternity leave, which can be taken within the first 6 months of the childβs birth.
E. Parental Leave
- Both male and female employees are entitled to 5 working days of paid parental leave, which can be taken within the first 6 months of the childβs birth.
F. Public Holidays
- Employees are entitled to paid leave on official public holidays, which include:
- New Yearβs Day (January 1)
- Eid Al Fitr (2-3 days)
- Arafat Day (1 day)
- Eid Al Adha (2-3 days)
- Islamic New Year (1 day)
- Prophet Muhammadβs Birthday (1 day)
- Commemoration Day (December 1)
- UAE National Day (December 2-3)
G. Other Leave Types
- Hajj Leave: Muslim employees are entitled to 30 days of unpaid leave to perform Hajj, once during their employment.
- Study Leave: Employees enrolled in UAE-accredited educational institutions are entitled to 10 days of study leave per year, provided they have completed 2 years of service.
3. Country-Specific Considerations and Cultural Norms
A. Workweek and Weekend
- The UAE officially transitioned to a Monday to Friday workweek for the public sector in January 2022. However, many private-sector companies still follow a Sunday to Thursday workweek, with Friday and Saturday as the weekend.
B. Cultural Sensitivity
- Employers and employees are expected to respect Islamic values and practices, especially during Ramadan and public holidays.
- It is common for businesses to adjust working hours during Ramadan to accommodate fasting employees.
C. Employment Contracts
- All employment terms, including working hours and leave entitlements, must be clearly stated in the employment contract.
- Employers are required to register employment contracts with the MOHRE.
4. Costs and Procedures
A. Costs for Employers
- Employers bear the cost of providing leave entitlements, including paid leave and overtime pay.
- Employers are also responsible for covering the cost of medical insurance, which is mandatory for all employees in the UAE.
B. Procedures for Leave Application
- Employees must submit a leave request to their employer in advance, except in cases of emergency or sick leave.
- For sick leave, a medical certificate must be provided within 48 hours of the absence.
C. Disputes
- In case of disputes regarding leave or working hours, employees can file a complaint with the MOHRE through its online portal or customer service centers.
5. Key Takeaways
- The UAE labor law ensures fair working hours and generous leave entitlements for employees.
- Employees are entitled to annual leave, sick leave, maternity/paternity leave, and public holidays, among other types of leave.
- Employers must comply with labor laws and provide compensation for overtime and unused leave.
- Cultural norms, such as shorter working hours during Ramadan, play a significant role in shaping workplace practices.
By understanding these regulations and cultural considerations, employees and employers can foster a productive and harmonious work environment in the UAE.