Compensatory day off, additional salary: Rules UAE employees need to know if they work during Eid Al Adha break

Question: I work in a mainland Dubai firm. If I am made to work on all four days of the Eid Al Adha break, what are my entitlements? Are there any exemptions to these entitlements?

Answer: Pursuant to your query, as you are employed by a mainland firm in Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations are applicable.

In the UAE, an employee is eligible for public holidays as per the announcements made by the relevant local authority or the Ministry of Human Resources and Emiratisation. This is in accordance with Article 28(1) of the Employment Law, which states, “The employee shall be entitled to official leave with full pay in public holidays determined by decision of the Cabinet."

However, if an employer calls upon an employee to work during public holidays, such an employee is entitled to compensatory leave for working on a public holiday or salary of a day along with 50 per cent of the basic salary as additional pay for working on a public holiday.

This is in accordance with Article 28(2) of the Employment Law, which states, "Should the work circumstances require that the employee be employed on holidays, the employee shall be compensated with a substitute rest day for each day worked or be paid his salary for normal working days plus a supplement of at least (50%) fifty per cent of his basic wage for that day.”

Based on the aforementioned provisions of law, if your employer calls upon you to work during upcoming Eid Al Adha holidays you are eligible for additional salary or compensatory holidays as mentioned in aforesaid Article 28(2) of the Employment Law. Your employer may not have any exemptions related to these obligations as it needs to abide by the aforesaid provisions of the Employment Law.

In the event your employer grants compensatory leave, you may request your employer to combine such compensatory leave with your annual leave if you wish to do so. Alternatively, if your firm’s HR policy has a provision for combining compensatory leave with annual leave you may avail of such options at your convenience.

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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