Compensatory leave for working on UAE public holidays: what you need to know – News

A KT reader who works on January 1st asks how they can use their comp time off

question: I have to work on January 1, 2023, which is a statutory holiday and I know I will be paid in lieu. How is this determined? I’m asking because according to my HR, my previous comp time off has “lapsed”. Can I take as much as I want? Do I have to use it for a certain period?

Reply: Based on your inquiry, it is assumed that you are employed by a mainland private company in the UAE and you work for your employer on statutory public holidays.

In the UAE, the first day of the Gregorian calendar is declared an official public holiday. Therefore, the Ministry of Human Resources and Emiratisation (MoHRE) has declared 1 January 2023 as a public holiday.

Employers can require employees to work on official public holidays. However, in this case, the employer shall give the employee a compensatory leave or full day wages for working on the public holiday and an additional 50% of the basic salary for the employee to work on the public holiday. This is in line with section 28 of the Employment Act, which provides that employees are entitled to public holidays with full pay on public holidays determined by decision of the Cabinet.

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Second, if work conditions require the employee to be employed on vacation, the employee shall be compensated for one day of work in lieu of a rest day, or paid the regular working day’s wage plus at least 50% of the base wage. wages for that day.

However, the “Labor Law” does not stipulate the time limit for enjoying compensatory leave. Therefore, employers are obliged to provide compensatory leave to employees working on public holidays, or to pay such employees the above-mentioned additional wages. Employers can determine the dates on which employees can take compensatory leave. In this case, your employer will not give you compensatory leave or additional pay for working on public holidays, and if your employer’s human resources manager states that your compensatory leave has lapsed, you can contact MoHRE and lodge a claim with your employer complaint.

Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, UK and India. Further information on his company is available at: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.