Employee entitled to comp off, 50% extra salary for working on public holiday

Employee entitled to comp off, 50% extra salary for working on public holiday

If not compensated by leave, employer shall pay a bonus equal to 150% of basic remuneration.



By Ashish Mehta

Published: Fri 25 May 2018, 11:45 AM

Last updated: Sun 27 May 2018, 9:38 AM

I am employed as an accountant on unlimited period employment contract by a mainland company at Dubai. My employer indulges in malpractices on issues related to employment like keeping the original passport of employees. I and my colleagues are not compensated for working on public holidays declared by the UAE government and the employer does not adhere to proper leave policies, too. How do I address these?
An employer cannot keep employee's passport in its custody without the consent of the employee. Further, the employee should be compensated adequately for working on public holidays declared by the UAE government or on a weekly rest day. 
This is in accordance with Article 81 of the Federal Law No. 8 of 1980 Regulating Employment Relations in the UAE (the 'Employment Law'), which states, "Where the circumstances of the work make it necessary for an employee to work on 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 employed."
In continuance, an employee is entitled for 30 days of annual leave. This is in accordance with Article 75 of the Employment Law, which states "Every employee shall, within each year of service, be granted a period of annual leave of not less than:
(a) two a month, where the employee's period of service is more than six months but less than one year;
(b) 30 days a year, where the employee's period of service is more than one year;
Where an employee's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year."
Further, you may approach the Ministry of Human Resources and Emiritisation (the 'Ministry) and file a complaint against the employer. This is in accordance with Article 155 of the Employment Law, which states, "Where a dispute occurs between one or more employers and all or certain of their employees and the parties fail to settle it amicably, they shall observe the following procedures:
1.  The employees shall submit their complaint or claim in writing to the employer and at the same time send a copy of it to the Ministry;
2.  The employer shall reply in writing to the employees' compliant or claim within seven working days from the date of receipt of the complaint. He shall at the same time send the Ministry a copy of his reply;
3.  Where the employer fails to reply within the prescribed time-limit or where his reply does not lead to a settlement of the dispute, the competent Ministry shall, either of its own motion or at the request of one of the parties to the dispute, mediate with a view to reaching an amicable settlement.
4. Where the complainant is the employer, he shall submit his complaint directly to the Ministry which shall mediate between the parties to settle the dispute amicably."
If an employer terminates the services of an employee for filing a complaint with the Ministry against the employer, then such termination may be considered as arbitrary dismissal. This is in accordance with Article 122 of the Employment Law, which states, "A employee's service shall be deemed to have been arbitrarily terminated by his employer if the reason for the termination is irrelevant to the employee and more particularly, if the reason is that the employee has submitted a serious complaint to the competent authorities or has instituted legal proceedings against the employer that has proved to be valid."
Know the law

An employee shall submit complaint or claim in writing to the employer and at the same time send a copy of it to the Ministry. The employer shall reply in writing to the employees' compliant or claim within seven working days from the date of receipt of the complaint. If the employer fails to reply within the prescribed time-limit, the Ministry shall, either of its own motion or at the request of one of the parties to the dispute, mediate with a view to reaching an amicable settlement.

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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