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  • UAE Labour Law-Your annual leave questions answered

    UAE Labour Law: Your annual leave questions answeredUAE Labour Law: 7 things to know about your annual leave
    The UAE Labour Law has various provisions laid out clearly about employee rights and responsibilities. Following a guide published on annual leave provisions, readers reached out to us with their questions on the topic.

    Here are those questions, answered:

    Please understand that this is just a guide, based on limited information about your situation. For all immediate queries and final solutions, the Ministry of Human Resources and Emiratisation (MOHRE) is your best contact point. Though we take utmost care in giving you relevant answers, we are not the legal authority on this subject.

    Compensation
    In case I’m not permitted to avail my annual leave, should I be compensated? What’s my recourse for leave days that go unavailed? (Especially if 80 per cent of the allotted leave goes unutilised on an annual basis)

    According to the UAE Labour Law, an employer can defer annual leave only once in two consecutive years and at the same time pay the employee the annual leave wages/pay.

    If the exigencies of work necessitate that the employee works during his annual leave in whole or in part, and the period of leave during which he or she has worked, has not been carried forward to the next year – the employer should pay his or her wage/salary in addition to cash in lieu for working days, calculated on basic wage.

    So, you can ask for payment in lieu for leaves deferred. In addition to this – legally – your annual leave shouldn’t be deferred more than once in two years.

    Please contact MOHRE for a final resolution.
    Gratuity Pay
    Sir I work [in] a company in Dubai come in my country [due to an] emergency but [because of] some serious reasons I was not able to go back. Tell me about my gratuity – my job period 2 years 5 months.

    Your gratuity pay depends on various factors including your contract type, period of employment, company policies and basic wages. Please use our Gratuity Guide for more details.

    Eid holidays
    If a person goes on 15 days annual leave and his leave expired on 3rd June and he rejoin on 8th June 2019 – in mid 3,4,5,6,7 is Eid holidays – so should we pay salary of Eid holidays as our office is closed due to Eid days? We are unable to get rejoining paper.

    According to the UAE Labour Law, the employer can decide the start/end date of an employee annual leave before approving it. Public holidays and weekends falling within the approved annual leave are included in the calculation of number of days. If these do not fall within the dates of annual leave, public holidays are treated as fully-paid days off and are not counted in annual leave. Calculation of leave pay is based on basic wage and if it falls outside the purview of the law, company policy applies. Please contact MOHRE for a final resolution.

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