UAE: Are management employees eligible to work overtime during Ramadan? – information

KT reader asks if reduced working hours during holy month apply to those in supervisory roles

question: I am working in a management position in a company in Dubai mainland. Do the reduced Ramadan working hours apply to me? Am I eligible for some kind of compensation if I am required to work more than six hours?

answer: Since you are employed by a mainland company in Dubai, the provisions of Federal Decree No. 33 of 2021 on Employment Relationship and Cabinet Resolution No. 1 of 2022 on the implementation of the provisions of Federal Decree No. 33 of 2021 on Employment Relationship are applicable .

In the UAE, the normal working hours per day are 8 hours according to Article 17(1) of the Employment Law, which states that “the maximum normal working hours shall be 8 hours per day or 48 hours per week”.

Furthermore, in the UAE, normal overtime hours are 2 hours per day as stipulated in Article 19 of the Employment Law and Article 15(3) of Cabinet Resolution No. 1 of 2022, which states: “The Regulation: An employer may direct an employee to work overtime during normal working hours, provided that the overtime work does not exceed two hours per day, unless the work is necessary to prevent serious loss or serious accident from occurring, or to eliminate or mitigate its effects. In any case, Total working hours in a three-week period must not exceed 144 hours.”

Employees who are employed by their employer beyond the normal working hours are entitled to overtime pay which is the basic salary (calculated for the extra hours worked) and 25% of the basic salary. This complies with article 19, paragraph 2, of the Labor Code.

However, during Ramadan, normal working hours are reduced by two hours. This is in accordance with Clause 15(2) of Cabinet Resolution No. 1 of 2022, “In accordance with the provisions of Section 17 of the Employment Act, during Ramadan, the normal working hours shall be reduced by two hours.”

However, reduced hours or overtime pay provisions may not apply to employees in managerial positions. This is subsequently referred to in Article 15(4)(b) of Cabinet Resolution No. 1 of 2022, which states: “The following categories shall be exempt from the provisions concerning maximum working hours: power.”

According to the above law, employees in managerial positions of your employer may not be entitled to any overtime pay if your working hours exceed the normal working hours stipulated in Ramadan. However, if your employer requires you to work overtime beyond normal working hours without justification, coercion, or ulterior motives, your employer may not require you to work under such conditions.

This is in line with Article 14, Paragraph 1 of the Labor Law, “The employer shall not use any means that may force or compel the employee or threaten any penalty to work for the employee, or compel him to do work or provide services against his will. ” In this case, you can contact the Ministry of Human Resources and Emiratisations (MoHRE) and lodge a complaint against your employer.

For further clarification on the matter, you may seek further advice from the Ministry.