Legal View

Samir El Azrak represents Al Moutawaa Wa Al Azrak Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send it to Khaleej Times, Dubai, P.O. Box 11243.

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Published: Tue 12 Aug 2008, 1:15 AM

Last updated: Sun 5 Apr 2015, 5:01 PM

Employees are entitled to 30 days annual leave

Q. I have been working as a foreman with a construction company here since 2005. My application for annual leave has always been denied.

“When I enquired, I was told that work circumstances did not permit any leave. Is this legally right?

A. According to Article 75 of the Federal Labour Law, the employee shall be entitled to an annual leave against every year of service. This shall not be less than the following periods:

Two days for every month if the employee's service is more than six months and less than a year; and

Two days and a half for every month if the employee's service exceeds one year.

In case of termination of service, the employee shall be entitled to an annual leave for the fractions of the previous year.

Staff entitled to basic pay, |HRA during annual leave

Q. I work in a trading establishment here. When going home on leave, I was given only my basic wage. My housing allowance was deducted. Is this legally permitted?

“I also want to know if my employer is entitled to make me work during my annual leave.

A. The employee, as per Article 78 of the Federal Labour Law, shall receive his basic wage plus the housing allowance, if any, for the annual leave.

If work circumstances require keeping the employee during all or part of his annual leave and the leave has not been carried forward to the following year, the employer shall pay him his wage in addition to a leave allowance for his work days equal to his basic wage.

In all cases, no employee shall be made to work during his annual leave more than once during two consecutive years.

· Compiled by Ahmed Shaaban



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