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Not every employee is entitled to this benefit – here’s everything you need to know about regulations
question: I work as a salesperson for a company based in Dubai. Due to the fact that my job requires field trips, I end up exceeding the stipulated hours. Am I eligible to work overtime? If yes, what kind of evidence can I submit to claim?
Reply: Suppose you are employed by a mainland entity located in Dubai. Accordingly, the UAE Employment Law and Cabinet Resolution No. 1 of 2022 on the implementation of Federal Decree No. 33 of 2021 on the regulation of employment relationships (“Cabinet Resolution No. 1 of 2022”) apply.
In the UAE, the normal working day is eight hours. This is in accordance with Section 17, paragraph 1, of the Employment Act, which states: “The maximum normal working hours are (8) 8 hours of work per day or (48) 48 hours of work per week.”
However, if an employer requires an employee to work overtime in a day, it cannot exceed two hours in a day.
This is in line with Article 15, paragraph 3 of Cabinet Resolution No. 1 of 2022: “The employer may instruct employees to work overtime during normal working hours, but the overtime shall not exceed two hours per day, unless the work is for the prevention of serious loss or serious accident. Necessary for the occurrence or elimination or mitigation of its effects. In no case shall the total working hours exceed 144 hours per three-week period.
The employee is entitled to an additional overtime pay of 25% of the base salary based on the overtime hours worked by the employee.
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According to the second paragraph of Article 19 of the “Labor Law”: “If the laborer exceeds the normal working hours due to work conditions, the extended hours shall be regarded as overtime, and the laborer shall be held accountable in accordance with the law. wages, plus a subsidy of 25% of that wage.”
Overtime may not apply if the employee is employed in a managerial or supervisory position, or if the employee is required to work on rare occasions – in the event of an urgent need. This is in line with Article 15(4)(b) and (e) of Cabinet Resolution No. 1, 2022.
Under the above-mentioned laws, you may be entitled to overtime pay if your job requires you to work outside working hours on a regular basis.
However, if your role at the employer is a supervisor or team leader, even if your designation is a salesman, and if your employer asks you to complete an urgent task (which you cannot do during normal work), you may not have the authority Get overtime pay for working hours for various reasons. Employers can only assign such work in rare cases, even if the provisions of current employment regulations do not mention it.
If you think you are working more than normal hours, you can apply to your employer to work overtime – provided you have written confirmation from your employer via email, WhatsApp conversation or in writing – asking you to continue working beyond your regular hours Hour.
You can contact the Ministry of Human Resources and Emirates for more information.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise in Dubai, the UK and India. For full details of his company, please visit: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.
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