Query: As employees of a mainland Dubai company, we worked during the Eid holiday, even exceeding our usual working hours. What are our entitlements concerning overtime, compensatory leave, and additional compensation?
Response: Regarding your inquiries, the regulations outlined in Federal Decree Law No. 33 of 2021 on Employment Relations and Cabinet Resolution No. 1 of 2022 implementing Federal Decree Law No. 33 of 2021 are applicable.
As per UAE regulations, employees are entitled to public holidays specified in the Employment Law and as declared by the Ministry of Human Resources and Emiratisation (MoHRE). This is in accordance with Article 28(1) of the Employment Law, which stipulates, “The employee shall be entitled to official leave with full pay on public holidays determined by decision of the Cabinet.”
If an employer requires an employee to work during public holidays, the employee must be provided compensatory holidays or receive additional salary, including a 50% supplement of their basic salary. This complies with Article 28(2) of the Employment Law, which mandates, “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 salary for normal working days plus a supplement of at least 50 per cent of his basic salary for that day.”
Furthermore, employees are entitled to overtime pay for any additional hours worked beyond their regular working hours, as outlined in Article 19(1), (2), and (3) of the Employment Law.
“1. The employer may engage the employee for additional working hours, not exceeding two hours per day, and the employee may not exceed such hours except as per the procedures and conditions specified by the Executive Regulations of this Decree Law. Regardless, the total working hours shall not surpass 144 hours in 3 weeks.
2. If the work circumstances necessitate the employee to work hours beyond the regular working hours, such additional time shall be considered overtime, for which the employee shall receive their basic salary for normal working hours plus a supplement of at least 25% of that salary.
3. If the work circumstances require the employee to work extra hours between 10 pm and 4 am, the employee shall receive their basic salary for normal working hours plus a supplement of at least 50% of that salary. This provision does not apply to shift employees.”
