PART 3 PART 3 : Working Time And Leave
16. Maximum Weekly Working Time And Overtime(1) Subject to the following subsections, an Employee's working time shall not exceed an average of 48 hours for each 7 Day period.(2) Subject to subsection (6), Employees are entitled to overtime compensation in respect of time worked in excess of the Threshold over a Reference Period. Vacation Leave and National Holidays that fall on a normal working day for the Employee during the Reference Period shall not be counted towards the Threshold.(3) Calculations in relation to overtime compensation for a partially completed Reference Period shall be done on a pro rata basis.(4) Subject to subsection (6), the Employer is obliged to keep time records for Employees who are likely to work hours close to or in excess of the Threshold.(5) Overtime compensation is either monetary or by time in lieu, or a combination of both, as decided by the Employer. Monetary overtime compensation is in addition to the Daily Wage and shall be payable at the rate of 25% of the Hourly Rate (or time in lieu as appropriate). For overtime worked between 9:00 p.m. and 4:00 a.m., the overtime compensation rate is 50% of the Hourly Rate (or time in lieu as appropriate). Monetary overtime payments shall be paid no later than 1 month after the expiration of the Reference Period in which they accrued.(6) Employees in managerial or supervisory positions, as well as those in positions where it is reasonably expected within that industry internationally that overtime compensation is not payable, are exempted from overtime compensation.
17. Excessive Hours
Notwithstanding any provision of this Part, an Employer shall not require or allow directly or indirectly an Employee to work excessive hours or hours detrimental to the Employee's health or safety.
18. Reduced Hours During Of Ramadan
During the Holy month of Ramadan, a Muslim Employee who observes the fast shall have his normal working hours reduced by 2 hours each day. There shall be no reduction in compensation as a result.
19. Daily Rest
An Employee is entitled to a rest period of not less than 11 consecutive hours in each 24 hour period.
20. Weekly Rest Period
Except where otherwise provided by Registrar’s rules, an Employee is entitled to an uninterrupted rest period of not less than 24 hours in each 7 Day work period.
21. Rest Breaks
Where an Employee's daily working time is more than 6 hours, the Employee is entitled to rest and prayer breaks of not less than 1 hour in aggregate. The rest and prayer breaks may be spent away from the Employee's workstation.
22. Vacation Leave(1) Subject to section 25, an Employer shall give an Employee a minimum paid Vacation Leave of 20 Business Days per year to be accrued pro rata for Employees who have been employed for at least 90 Days.(2) An Employee is entitled to carry forward his accrued but untaken Vacation Leave up to a maximum of 5 Business Days into the next year for a maximum period of 12 months after which the unused leave shall expire.(3) An Employer shall allow an Employee who is entitled to a Vacation Leave to take it in periods of 1 or more weeks.(4) Vacation Leave is exclusive of National Holidays to which an Employee is entitled.(5) An Employee is not entitled to a payment in lieu of Vacation Leave earned except where –(a) the Employee's employment is terminated; or(b) the Employer agrees otherwise.
23. Compensation In Lieu Of Vacation Leave(1) Where an Employee's employment is terminated, the Employer shall pay the Employee an amount in lieu of Vacation Leave accrued but not taken. In the event that the Employee has taken more Vacation Leave than has accrued at the termination date, the Employee shall repay the Employer the corresponding sum.(2) Compensation in lieu of Vacation Leave shall be calculated using the Employee's Daily Wage applicable on the Employee's last Day of employment.
24. Dates On Which Leave Is Taken(1) An Employee electing to take Vacation Leave shall do so by giving at least 7 Days' prior written notice to the Employer specifying the days on which leave is to be taken and subject to any requirement imposed by the Employer under subsection (2).(2) The Employer may require an Employee to take Vacation Leave on specified days by giving at least 7 Days' prior written notice to the Employee.(3) The Employer and Employee may mutually agree on the specified days to be taken as Vacation Leave, in which case the notice requirements in subsections (1) and (2) shall not apply.
25. Leave During The First Year Of Employment(1) During the first year of employment, the amount of Vacation Leave an Employee may take at any time is limited to the amount deemed to have accrued at that time, less the amount of Vacation Leave already taken during that year, unless the Employer agrees otherwise.(2) For the purposes of this section, leave is deemed to accrue over the Employee's first year of employment at the rate of one‐twelfth of the amount specified in section 22(1) on the first day of each month of that year.
26. Entitlements Under Other Provisions
Subject to sections 33(4), 34(3) and 35(4), where an Employee is entitled to a rest period, rest break, Vacation Leave, Maternity Leave or Paternity Leave under both these Regulations and a Contract of Employment, the Employee may elect to take the more favourable provisions but not both.
27. Entitlement To National Holidays(1) Every Employee is entitled to the National Holidays that are announced in the UAE for the public sector (if the Employer is a public sector entity) or the private sector (if the Employer is a private sector entity), falling on a Business Day.(2) An Employee is entitled to be paid a Daily Wage for National Holidays under subsection (1).(3) Leave to which an Employee is entitled under subsection (1) may be replaced by –(a) a day in lieu;(b) a payment in lieu; or(c) a pro‐rated amount relating to the period of time worked, where each of the Employer and the Employee so agree in writing.
28. Special Leave
A Muslim Employee, who has completed 1 year or more of continuous employment, shall be entitled, not more than once during the period of employment, to special leave not exceeding 30 Days without pay, to perform the Haj pilgrimage.
29. Sick Leave(1) An Employee is entitled to sick leave not exceeding a maximum of 60 Business Days in aggregate in any 12 month period.(2) An Employee who requests leave under this section shall personally, or have someone on the Employee's behalf –(a) as soon as reasonably practicable notify the Employer that the Employee is unable to fulfil the duties reasonably expected in the Employee's position because of the Employee's sickness; and(b) if required by the Employer, at least once every 7 Days during a period of absence due to sickness, provide a medical opinion that states that the Employee cannot fulfil the duties reasonably expected in the Employee's position.(3) An Employer who would, apart from subsection (2), be liable to pay sick pay to an Employee, is entitled to withhold the sick pay if the Employee failed to give the notice (and the medical opinion, if required by the Employer) to the Employer as required under subsection (2).
30. Sick Pay(1) Subject to section 29, an Employer shall pay an Employee sick pay based on his Daily Wage as follows: full pay for the first 10 Business Days, half‐pay for the next 20 Business Days with the remaining 30 Business Days being unpaid. For the avoidance of doubt, subsection (1) refers to either consecutive or non‐ consecutive Business Days.(2) Subsection (1) shall not apply if the Contract of Employment is for 1 month or less.
31. Termination For Excessive Sick Leave(1) Where an Employee takes more than an aggregate of 60 Business Days of sick leave in any 12 month period, the Employer may terminate the employment immediately with written notice to the Employee.(2) Subsection (1) does not apply where an Employee takes sick leave on account of a Disability.
32. Pro‐rata Entitlements For Part‐time Employees
For Employees employed on a part‐time basis, the rights of the Employee to take leave under sections 22, 29, 33, 34 and 35 (and the rights of the Employer under section 31 to terminate for excessive sick leave) shall apply but shall be calculated on a pro‐rata basis.