Worked on public holiday in UAE? You are entitled to comp off, 50% extra pay

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 Worked on public holiday in UAE? You are entitled to comp off, 50% extra pay

Dubai - This is in accordance with Article 81 of the Employment Law.

By Ashish Mehta

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Published: Fri 1 Mar 2019, 11:00 PM

Last updated: Thu 13 Jun 2019, 9:38 AM

Question: We are an interior contracting company and had on the occasion of National Day declared a holiday to the workers and subcontractors on December 2. We understand that National Day is a public holiday and as such a mandatory holiday for all, including the private sector. However, our client raised objections and complained that delays had been caused to a work we undertook due to the leave given to the employees. What is the law regarding this?
Answer: 
It may be noted that the UAE National Day is a 'public holiday' as per the prevailing laws and regulations of the UAE, and that employees working in the private sector shall be entitled to a paid leave for one day. Article 74 (g) of the Federal Law No. 8 of 1980 regulating employment relations in the UAE (the 'Employment Law') states, 
"Each employee shall be entitled to official holiday with full pay on National Day for one day." 
However, in case of emergency or circumstances where work is necessary, the employer may call upon his employees to work on a public holiday. And under such circumstances, the employer is liable to grant his employees compensatory leave in respect of such days on which the employees had to work in addition to a bonus which must be equal to 50 per cent of each employee's remuneration."
This is in accordance with Article 81 of the Employment Law, which states, 
"Where the circumstances of the work make it necessary for an employee to work on a public holiday 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."
In view of the aforesaid provisions of the Employment Law, as discussed, employees are entitled to paid leave on public holidays, otherwise they shall be entitled to compensatory leaves and bonus, if they work on public holidays.  
Know the law:

Where the circumstances of the work make it necessary for an employee to work on a public holiday or rest day, he shall be granted compensatory leave in respect of such days, together with a bonus equal to 50 per cent of his remuneration.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, 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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