UAE: Can I combine my Eid compensatory leave with annual leave? – information

UAE residents get four-day holiday during Islamic festival

Q: I work for a mainland company in Dubai. I’m working on the Eid weekend and I’m wondering if I can combine my comp time with my annual leave.

answer: Since Continental has hired you, the provisions of Federal Law No. 33 of 2021 on the employment relationship and Cabinet Resolution No. 1 of 2022 on the implementation of the provisions of Federal Law No. 33 of 2021 on the employment relationship apply.

In the UAE, employees are eligible for public holidays in accordance with announcements issued by the relevant local authorities and the Ministry of Human Resources and the Emirates. This is in line with Section 28(1) of the Employment Act, which states: “Employees are entitled to public leave with full pay on public holidays determined by the Cabinet.”

However, Section 28(2) of the Employment Act states that if an employee’s circumstances necessitate him to work on a public holiday, the employee is entitled to receive a compensatory leave or regular working day’s pay for working on a public holiday and on top of the employee’s basic salary. Pay an extra 50%.

The Labor Code and its subsequent ministerial decrees make no mention of combining an employee’s compensatory leave with annual leave. However, only unpaid leave, bereavement leave and parental leave can be combined. This is in line with clause 21(4) of Cabinet Resolution No. 1 of 2022.

You may not be legally eligible for annual leave and compensatory time off under the above laws. It is up to your employer to decide whether you can combine your annual leave and compensatory leave. Therefore, you can ask your employer to combine your compensatory leave with annual leave. However, if your employer’s human resources (HR) policy states that annual and compensatory leave can be combined, then you can combine leave. This is in line with Section 65(4) of the Employment Act, which states that “the employer may make and implement in the establishment constitutions and schemes of In the event of a conflict between plans and by-laws and the provisions of this Act, conditions more favorable to the employee shall apply.”

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.