UAE Employment Law (2017)

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.
It’s happening because of less education and lack of interest in UAE Law, please note that Employees need to be paid 150% of salary and compensatory leave for working on holidays.


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."

Break/Rest 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."



Overtime Salary:
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."

Overtime Duration:
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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21 comments:

  1. Is that included with the house helper

    ReplyDelete
    Replies
    1. No if you are working as a domestic worker, but as per New Law that already started January 2017 "all Domestic workers will work under MOHRE (Ministry of Labour) not MOI.

      To read out full details, click below link

      https://uaelabours.blogspot.ae/2016/12/Good-news-for-Philippines.html?m=1

      Delete
    2. But why not?we r human also,we r working more than 13hrs.a day,no holiday for us.

      Delete
    3. Dear Admins,

      Hello good afternoon! Please may i know if nannies/housemaids are also entitled for the "GRADUITY" after completion of contract?

      Thanks a lot and hoping for your immediate response...

      Delete
  2. Im working now at a shop who was just opened last december and we are working from 10am -11pm without a break.we have a break just to have lunch and after that back to work again. We are working for straight 13hrs. We are probitionary for 3months with no day off and break time. Can wr complain for this?

    ReplyDelete
  3. Working in a school as classroom assistant in addition we have bus monitoring duties.do we start to count our time when the bus pick us up from our home?

    ReplyDelete
    Replies
    1. Working in driving school. Working 8:30 to 5:30 total of 9 hours a day are we in titled to receive over time even if we don't have student? Because they giving over time if we have complete 9 hours including 1 hour break. But if we don't have complete student a day although we stay 9 hours in the institute.

      Delete
  4. I have worked in a foreign exchange company there in Dubai. Our shift is at 9am to 3pm only BUT they DONT give us restday because the OWNER said that we only have 7hours of work, thats why we are not entitled for a restday. Also, we are not give enough time to take a break. Also they give us only 1500aed as basic salary which I learned is not suitable for a college graduate employee..

    ReplyDelete
  5. all of these laws have loopholes. for example, my company sent out a memo saying we had to get permission to work overtime. they still make us work over time though. i worked 95 hours one week and was not awarded extra holiday days or extra pay because i didnt have a memo about it so they would just say they didnt ask me to work, i just worked with no instruction from them

    ReplyDelete
  6. dear sir/madam
    i have just been passed my 5 months period here and i have some problem with my company for that i just want to change my company. But m confused about rules and just want to know about rules how long period i have to spend to change company

    ReplyDelete
  7. Im working now on a salon..Is this also coverd by the new uae labour law..we worked there at 1pm to 1am..pls reply..

    ReplyDelete
  8. Mr. Admin?
    We humbly ask for your help to guide me through the process on filing a complaint to an employer?
    Im a filipino and I want to complain regarding work hours, salaries and over time pays.
    Please get in touch with me?
    I would highly appreciate your help?
    Please let me know how can i reach you?
    Mean time here is my email address, ajquindoza@gmail.com
    I will be waiting

    ReplyDelete
  9. Good morning, I just want to clarify if there is any new policy that states that the company can extend the last working day of an employee according to the expiration of visa?even if theres a 2 years contract signed by the employee

    ReplyDelete
  10. what are the implications of an employment contract that have consisted of being forced to sign an agreement between employer/employee on insurance money in case the employee finishes work contract?

    ReplyDelete
  11. I have worked for a company in Dubai for four years and have always had a problem getting wages on time.It is supposed to be paid by no later than the 10th of each month.The wages are never paid on time and currently the company owe us two months.This is not only me but all employed there.This is causing unnecessary hardship and worry to everybody.Please can you help with some advice how to correct this situation.

    ReplyDelete
  12. Dear Admin. i just want to know that i got an offer letter from Dubai in november and after cancellation my visa from my previous company i submitted supported document which required for my new visa after they told me to exit the country and they will send me visa, after 25 days they send me another letter which is issued from Mol i sign and send them back but they saying for me to do wait now it's about to one month getting that letter please suggest me what i have to do wish to hear from you soon thanks ..

    ReplyDelete
  13. Why does nobody answer the questions?

    ReplyDelete
  14. Assalamu alaikum my name tausif and m working here in dubai. i just want to make a complaint about my company for salary dispute and non payment of our overtime as well.And today my co staff got terminated just for asking his money back plss help asap as he dont have money even for food. my mail id tausifharkath@gmail.com

    ReplyDelete
  15. There is restaurant here in Abu Dhabi that the staffs worked from 10am to 11:30pm without over time pay. Passport of the staff is not with them, and now they're not having off for almost 2 months already. In the staff contract the salary indicated there is not the same what they receiving monthly. I hope you can reply on this message to annagjimenez@yahoo.com

    ReplyDelete
  16. A blessed day to you...
    May i ask if the household workers, nannies, cooks/chef are entitled for the graduity and must be paid for unspent day offs??
    Because as a nanny and an all around worker i was'nt able to spend my day offs for my two years of working here under my employer. Shall i be compensated with such benefits?
    Looking forward for your reply as you patiently read my comment.
    Thank you so much and God bless!

    ReplyDelete
  17. hi, My name is Taj from bangalore. I have got a job in sharjah but my e-work permit after approval has been rejected. This has been done thrice with same result. I am not sure what to do next. Please help

    ReplyDelete

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