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Q: I work for a company in Dubai. I want to choose to work overtime. Can you explain the rules in this regard? Is there a cap on overtime in Dubai? Please advise.
Reply: Based on your inquiry, we assume that you are employed by a company in Dubai Mainland. Therefore, it is applicable to the provisions of Federal Law No. 8 of 1980 regulating employment relations in the UAE (the “Employment Law”).
In the UAE, if an employee’s working hours exceed his working hours, he is entitled to overtime pay. Article 67 of my country’s Labor Law stipulates: “If a worker needs to work overtime due to work reasons, the overtime shall be paid for overtime, and the worker shall be paid equivalent to the overtime pay. It is equivalent to his normal working time plus at least 25% of the remuneration.”
In addition, if the employee’s overtime hours are between 9 pm and 4 am, the employer shall pay an additional 50% of the remuneration as overtime pay. This is in line with Article 68 of the Employment Law.
Article 69 of the Labor Law stipulates that, except for emergencies or to prevent the unit from suffering major losses, overtime shall not exceed two hours a day.
The Employment Law does not stipulate that employees have the right to require employers to work overtime and earn extra wages. However, according to the above-mentioned legal provisions, employees are entitled to overtime pay. Therefore, you can only ask your employer to allow you to work overtime and assign it at his/her own discretion.
It should also be noted that employees in managerial or supervisory positions are not entitled to overtime pay. This is in accordance with Article 72 of the “Labor and Employment Law”: “The following categories do not apply to the provisions of this section:
1. Persons who hold senior positions in management or supervision, if the owner of such positions is granted to an authority or an employer instead of an employee, the category is determined by the Minister of Human Resources and the Emirates.
2. Seafarers and seafarers who work under special service conditions due to the nature of their work do not include seaport workers engaged in loading, unloading and related work. “
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, the UK and India. For complete 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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