Know Your Rights If You Are Working During Public Holidays In UAE
Category: JOBS
know-your-rights-if-you-are-working-during-public-holidays-in-uae_UAE

In UAE, employees working in various firms often have questions about their entitlements when required to work during public holidays. This is particularly relevant during significant holidays like the Eid Al Adha break, which typically spans four days. Employees wonder what rights they have and if any exemptions exist that may affect their entitlements. To shed light on this matter, we will explore the UAE rules and regulations that govern employees' rights and compensations when working during public holidays in mainland Dubai firms. Understanding these entitlements ensures that employees are well-informed about their rights and can advocate for fair treatment in the workplace.

The regulations outlined in Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations govern the rights and entitlements of employees. According to these regulations, employees in the UAE are entitled to public holidays based on the announcements made by the respective local authority or the Ministry of Human Resources and Emiratisation. This entitlement is in alignment with Article 28(1) of the Employment Law, which states that employees have the right to official leave with full pay on public holidays determined by the Cabinet's decision. These provisions ensure that employees are granted time off with their regular salary during designated public holidays.

However, if an employee is required to work during public holidays, the following rules apply:

If an employee is required to work during public holidays in Dubai, they are entitled to either compensatory leave or additional pay.
According to Article 28(2) of the Employment Law, employees working on public holidays should receive a substitute rest day for each day worked.
Alternatively, employees may be paid their salary for normal working days, along with a supplement of at least 50% of their basic wage for the day worked.
These entitlements ensure that employees are fairly compensated for their work during public holidays, as mandated by the Employment Law.

It is important to note that employers do not have exemptions from these obligations. They are required to comply with the provisions of the Employment Law mentioned above.

If your employer provides compensatory leave, you have the option to request combining it with your annual leave, should you prefer to do so. Additionally, if your company's HR policy allows for the combination of compensatory leave with annual leave, you can take advantage of these options according to your convenience. This flexibility provides employees with the opportunity to optimize their time off and strike a balance between compensatory leave and their annual vacation.

How to Lodge a Labor Complaint in the UAE: Rights and Compensation Concerns

If you are an employee in the UAE seeking information about your rights or have concerns regarding your compensation, you can file a labor complaint through the Ministry of Human Resources and Emiratisation (MOHRE). The MOHRE serves as the authority responsible for managing employer-employee relations and resolving disputes based on the UAE Labor Law. To initiate a complaint against your employer, you have several options:

1. Contact the MOHRE hotline at 800 60.
2. Utilize the MOHRE app to file a labor complaint.
3. Visit www.mohre.gov.ae and follow the process for filing a labor complaint.

For the latter two options, you will need to create an account. Ensure that you have your passport details and work permit (labor card) number on hand when proceeding with the complaint. After submitting your complaint, you can expect a call from a legal advisor within 72 working hours, typically from the Twa-fouq center, who will aim to facilitate an amicable resolution to the issue. It is important to note that no fees are charged to employees for this process.

27 Jun, 2023 0 1262
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