Working During Public Holidays? Your Rights and Compensation under the New UAE Labour Law
If you are working on public holidays in the UAE, it’s important to know your rights regarding compensation. The UAE Labour Law, also known as Federal Decree-Law No. 33 of 2021, outlines the rules for compensating private sector workers who work during public holidays.
The new labour law – Federal Decree-Law No. 33 of 2021 on the regulation of labour relations – has updated the regulations for the private sector in the UAE for employees working on Public Holidays.
The new UAE Labour Law – Federal Decree-Law No. 33 of 2021 – has come into effect from February 2, 2022, replacing the current Federal Law No. 8 of 1980 and its amendments.
As per the Article 28 of the New Labour Law on Working on Public Holidays :
- The worker shall be entitled to official days off with full pay on public holidays, which are defined by a resolution of the Cabinet.
- If work conditions require that the worker works during any of the public holidays, the employer shall compensate him with another day o for each day, on which he works during the holiday, or pay him the wage for that day according to the wage established for the normal working days, plus an increase of not less than (50%) fifty percent of the basic wage for that day.
It’s important to note that certain conditions must be met for the compensation to apply. For example, your employer must request or require you to work on the public holiday, and you must have permission to do so.
How can you file a Labour Complaint?
If you have any concerns about your rights or wish to file a complaint related to your compensation, you can contact the Ministry of Human Resources and Emiratisation (MOHRE). You have the right to escalate any complaints or disputes to MOHRE for a resolution based on the UAE Labour Law. To file a complaint against your employer, you can choose from the following platforms:
1. Call the Ministry’s hotline at 800 60.
2. Download the MOHRE app and submit a labor complaint.
3. Visit www.mohre.gov.ae and select the option for filing a labor complaint.
For the app and website options, you will need to create an account, providing your passport details and work permit (labour card) number. Once you file a complaint, a legal advisor from the Twa-fouq centre will contact you within 72 working hours to seek an amicable solution to the issue. It’s important to note that there are no fees charged to employees for this process.
Frequently Asked Questions FAQs on Working on Public Holidays in UAE
Am I entitled to a day off with full pay on public holidays in the UAE?
Yes, as per the UAE Labour Law, workers in the private sector are entitled to official days off with full pay on public holidays, which are defined by a resolution of the Cabinet.
What is the Labour law for public holidays in UAE?
Under the UAE Labour Law, employees are entitled to paid leave on public holidays. If an employee is required to work during these holidays, they must either receive another day off as compensation or be paid for that day. The payment should be equivalent to their regular wage for a normal working day, with an additional amount of at least 50% of their basic wage.
Are there any conditions for receiving compensation for working on public holidays?
Yes, to be eligible for compensation, your employer must either request you to work on the public holiday or the nature of your work must necessitate your presence during that time. Additionally, you should have permission from your employer to work on public holidays.
How can I file a complaint if my employer doesn’t compensate me for working on a public holiday?
If you have a complaint or wish to inquire about your rights, you can reach out to the Ministry of Human Resources and Emiratisation (MOHRE). You can call their hotline at 800 60, download the MOHRE app to file a labor complaint, or visit their website at www.mohre.gov.ae and select the option for filing a labor complaint. No fees are charged for this process.
What happens after I file a complaint?
After you file a complaint, you can expect to receive a call within 72 working hours from a legal advisor at the Twa-fouq centre. They will work towards finding an amicable solution to the issue and addressing your compensation concerns.
Are these rights applicable to all employees in the UAE, regardless of their job category or grade?
Yes, the rights and provisions regarding compensation for working on public holidays, as stated in Article 28 of the UAE Labour Law, apply to all employees in the private sector, irrespective of their job category or grade.
What if I am required to work on a public holiday?
If your work conditions require you to work on a public holiday, your employer must compensate you. You should receive either another day off for each day worked during the holiday or be paid your regular wage for that day, along with an additional amount of at least 50% of your basic wage.
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