Public holidays in the UAE: Am I legally obligated to give my nanny a day off?

Dubai: What rules do domestic workers in the UAE need to follow during public holidays announced by the UAE government. Whether it’s your housekeeper, your child’s nanny or any other domestic worker, are they legally entitled to time off on public holidays?

Gulf News questioned Dubai Legal Counsel Jihene Arfaoui about the provisions of Federal Law No. 9 of 2022 on domestic workers and the provisions of Cabinet Decision No. 106 of 2022 on the implementation of the Federal Decree. Law No. 9 of 2022. The Act establishes the principle of informed consent, ensuring that workers are aware of the terms of the contract, the nature of the work, the workplace, remuneration and daily and weekly rest periods. Administrative regulations and before they cross borders.

Articles 9 and 10 of the Act cover provisions regarding workers’ working hours, weekly paid rest days, annual leave and sick leave. Under these provisions, domestic workers have the right to:

1. One day off with pay every week.
2. Rest for 12 hours a day, including 8 hours of continuous rest.
3. 30 days paid vacation per year.
4. 30 days of sick leave per year.

With regard to weekly paid rest days, Arfaoui said that the law and its implementing regulations state that if a worker is required to work on a weekly rest day, he or she shall be entitled to an alternative day of rest or to receive payment for the day in cash.

“However, public holidays are not determined by laws or by decisions of the Ministry of Human Resources and UAE (MOHRE). Therefore, we believe that if the holidays are not determined by laws or departmental decisions – whether through specific laws or through specific laws, Arfaoui said : “Employers are not obliged to provide these leave days to their employees, either under decisions made by MOHRE in relation to domestic workers, or under agreements. “

Public holidays are not determined by law or by a decision of the Ministry of Human Resources and UAE (MOHRE). [However]if a worker’s weekly rest period coincides with the Eid holiday, and the employer chooses to require the worker to work on the holiday, the employee must be provided with another day off or paid in cash in lieu of that day.

– Jihene Arfaoui, Legal Counsel, Dubai

“Therefore, if an employee’s weekly rest period falls on the Eid holiday and the employer chooses to require the employee to work on the holiday, the employee must be provided with another day off, or paid in cash in lieu of that day. Unless otherwise agreed, no Workers take more than two consecutive days off in any two-week period,” she added.