New UAE labour law: How do I claim overtime while working from home?

Question: As per my contract, I must work 9.5 hours a day. However, I have been putting in nearly 14-15 hours working from home. Since these extra hours are not logged, how do I claim overtime?

Answer: According to your queries, you are assumed to be employed by a mainland company based in the UAE. Therefore, the provisions of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’) and the requirements of Cabinet Resolution No. 1 of 2022 Concerning the Executive Regulations of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Cabinet Resolution No. 1 of 2022 on Employment Relations’) are applicable.

It should be noted that an employee is entitled to receive payment for overtime work from their Employer. This is by Article 19 (2) of the Employment Law, which states: “If the work circumstances require that the employee be employed for hours exceeding the ordinary working hours, such extended time shall be deemed overtime for which the employee shall be paid his basic pay for his normal hours of work plus a supplement of at least 25% twenty-five per cent of that pay.”

Based on the aforementioned provision of law, you are entitled for additional pay from your Employer for any overtime work generated by you.

But if you are employed as a manager or supervisor or if your work is technical in nature, then you may not be entitled for overtime pay if you work for additional hours. This is in accordance with Article 15(4) of the Cabinet Resolution No.1 of 2022 on Employment Relations, which states, “The following categories shall be excluded from the provisions on maximum working hours:

a. Chairmen and members of the board of directors.

b. Persons holding supervisory positions, if such positions give their holders powers of the Employer.

c. Workers constituting the crew of naval vessels and workers working at sea and enjoying special conditions of service due to the nature of their work.

d. Works whose technical nature necessitates the continuation of work through consecutive shifts, provided that the average working hours per week do not exceed (56) ours.

e. Preparatory or complementary works that must necessarily be carried out outside the timelines generally established for work at the Establishment.

It is recommended that you maintain a time sheet related to your overtime work and submit the same to your Employer, if you are eligible for overtime pay based on the aforementioned provisions of law.

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As you do not have any document or data as a proof to prove the extra time you worked, it will be prudent on your part to inform your Employer the nature of work you accomplished during the additional working hours. In the event your Employer is convinced, then he or she may evaluate the work which you accomplished during additional hours and may pay you for working overtime.

You may also request your Employer to work out on overtime payment structure for you if circumstances in future make you work for additional hours after regular working hours, provided your nature of work and your designation is well within the requirements to claim for overtime pay as per the provisions of Employment Law and Cabinet Resolution No. 1 of 2022 on Employment Relations.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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