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Legal View: Offshore jurisdiction

Mr A.B. Nair, Dubai: I have been employed as an oilfield warehouseman (offshore) for the past 10 years.

Most of the employees in the industry work on a (56/26) rotation basis. But our company provides tickets once a year. Our duty time is 12 hours. Even though legally we are entitled to overtime after eight hours, the company does not pay overtime based on the actual extra hours worked, but a fixed amount as overtime allowance every month.

We are made to work 365 days of the year, without any break/holidays while offshore. The company does not even grant us government declared holidays, or the reduced working hours during Ramadan. When we approached our Personnel Officer to resolve these issues, he directed us to resign or continue working on the same conditions. Are there any special labour rules for offshore sites? Please advise?

Answer: We presume your employment contract is with a UAE-based entity (employer) and attested by the Ministry of Labour and Social Affairs. If so, your employment terms and conditions are governed by the UAE Law No. 8 of 1980 regulating labour relations.

It should be noted that the location of the offshore site should be taken into consideration: whether it is located in the UAE's regional waters or any other international waters.

The law also provides for a nine-hour work day for employees engaged in certain trades, hotels, cafeterias and as guards. Furthermore, employees are not expected to work for more than five consecutive hours per day without breaks for rest, meals and prayer. The time spent for rest, meals and prayer are not calculated as hours of work.

The wage paid during ordinary working hours for the overtime worked plus an additional amount of not less than 25 per cent of the wage (for the overtime worked) is calculated as overtime allowance. If the overtime work is carried out between 9pm and 4am, then the overtime pay is calculated as the wage period during ordinary working hours plus an additional amount of not less than 50 per cent of the wages for the overtime period worked.

Yet, you have to know that the burden of proof of working overtime lies on the shoulder of the employee (you), in any form of evidence. If the employee is required to work on a Friday, the employee is entitled to take a compensatory off day at a later date or be paid his basic wage plus an additional 50 per cent (minimum) of that wage, as stipulated under the provisions of Article 70 of the UAE Labour Law.

Even though the maximum overtime per day is limited to two hours per day, the employer can in certain situations take exception to this rule, like:

(i) To avoid substantial loss;

(ii) In the event of an accident;

(iii) And accident-related activities.

As to annual leave, the law stipulates under Article 75 that:

Two days leave for every month has to be granted if the service is more than six months and less than one year.

Thirty days annually, if service exceeds one year. At the end of his service, the employee is entitled to annual leave for the fraction of the employment during the previous year.

Your employer's labour practices and Personnel Manager's response, if true, are clearly in violation of the provisions of the laws prevalent in the UAE.

The UAE Labour Law does not refer specifically to employees, staff of foreign consulates. As a consulate is deemed to be foreign territory and since the personnel are under the direct employment of a foreign country/ consulate, the laws of the UAE are not applicable. However, if a position is proposed and employment is concluded within the UAE then it will be subject to its laws.

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