Questions: I am going on annual leave next month, but my boss has asked me to carry my laptop, as “some work may come up unexpectedly”. Is this legal? Can I be made to work during my vacation? If I am willing to do so, am I entitled to overtime?
Answer: Pursuant to your queries, it is assumed that you are employed by a private mainland company in the UAE. Therefore, the provisions of the UAE employment law are applicable.
An employer and an employee may mutually agree on the terms and conditions of an employee working during his or her annual leave. Based on the same, an employer may have to pay the salary and additionally 50 (fifty) per cent of the employee’s basic pay.
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This is in accordance with Article 28 (2) of the Federal Decree Law No. 33 of 2021 On the Regulation of Employment Relations (the ‘Employment Law’), which states, ‘Should the work circumstances require that the employee be employed on holidays, the employee shall be compensated with a substitute rest day for each day worked or be paid his wage for normal working days plus a supplement of at least fifty per cent (50%) of his basic wage for that day.”
It should be noted that an employer may not call upon his or her employee to work during the annual leave, and the employment law is silent pertaining to an employee’s obligation to work during annual leave.
Therefore, based on the aforementioned provision of law, you may work during your annual leave if you voluntarily agree with your employer. However, you may claim from your employer additional pay as mentioned in Article 28(2) of the Employment Law if you intend to work during annual leave on instructions of your employer.
Further, if you agree, the employer may stipulate specific working hours for you to work remotely during your annual leave.
This is in accordance with Article 17(6) (a) of the Employment Law, which states, “If the employee wants to perform work remotely, whether inside or outside the UAE, and with the consent of the employer, the employer may stipulate specific working hours.”
You may contact the Ministry of Human Resources & Emiratisation for further clarification regarding the said matter.
Applicable law:
Federal Decree Law No. 33 of 2021 On the Regulation of Employment Relations
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm are on www.amalawyers.com. Readers may e-mail their questions to news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
Source: Khaleej Times