Public holidays, official authorities working days as well as hours are determined past times a determination of the UAE Cabinet.
Q-I operate for a federal authorities companionship inwards shifts. My companionship gives me a twenty-four hr catamenia off on world holidays exclusively if it falls during my twenty-four hr catamenia shift on a weekday. If Earth vacation falls when I am on nighttime shift or on a weekend, I don't larn whatsoever variety of compensation. Is this legally right?
A-It is understood that yous operate for a federal authorities companionship inwards shifts as well as your employer grants yous a paid larn out for a world vacation exclusively if it falls on a twenty-four hr catamenia when yous are on twenty-four hr catamenia shift as well as on a weekday. Such a larn out is non granted if the vacation falls on a weekend or on a twenty-four hr catamenia when yous are scheduled to operate on a nighttime shift, as well as no compensation is given to yous for this.
You convey non specified your shift schedules as well as the type of employment, as well as nosotros shall so assume that yous are on a full-time job as well as your job is dependent champaign to the Federal Decree Law No. eleven for 2008 On Human Resources inwards the Federal Government (as amended past times Federal Decree Law No. nine for 2011 as well as Federal Decree Law No. 17 for 2016), called 'Human Resource Law'; as well as the Cabinet Resolution No. i of 2018 On the Executive Regulations of Human Resources Law inwards the Federal Government, called the 'Executive Regulation'.
According to the Human Resource Law, world holidays, official authorities working days as well as hours are determined past times a determination of the UAE Cabinet. The chairman of your federal entity may also brand necessary arrangements for flexible working hours as well as may invoke a shift scheme every bit necessary, provided that the total weekly working hours shall non overstep 48 hours. This is inwards accordance amongst the provisions of Article 74 read amongst the provisions of Article 75 of the Human Resource Law that read every bit follows:
"Article 74- 1. Official Government working days as well as hours are determined past times a determination of the Cabinet.
"2. The Chairman of the Federal entity may brand necessary arrangements for flexible working hours every bit needed as well as inside the limits of normal working hours per week."
"Article 75: Public Holidays are determined past times a determination of the Cabinet. The determination also designates competent authorities that denote world holidays."
The Executive Regulation farther sets forth that when employees are required to operate on official holidays, they shall endure entitled to have compensatory larn out on simply about other twenty-four hr catamenia or, if applicable, may opt to have extra compensation for the actual overtime operate he performs during these days. However, if the said vacation coincides amongst a weekend, he is non entitled to whatsoever compensation. This is inwards accordance amongst the provisions of iii clauses of the Article 116 read amongst the provisions of Article 117 as well as Article 122 of the Executive Regulation, which are quoted hither for reference:
"Article 116: (3)The chairman of the federal entity may innovate a flexible working scheme every bit required past times operate needs as well as atmospheric condition every bit long every bit it is inside the limits of approved weekly working hour.
"(5) Official holidays for federal entities shall endure dependent champaign to Cabinet resolutions.
"(6) Except for religious holidays, whatsoever other holidays develop forth inwards the proceeding article may endure carried over to the get-go or terminate of the week, if they hap betwixt ii working days. The official vacation may non endure moved or compensated if it coincides amongst simply about other vacation or weekend."
Further, Article 117 of the Executive Regulation states that a federal entity may apply a scheme of shift-based work. The provision reads every bit follows:
"A Federal Entity may apply a shift scheme on all or purpose of the positions or organisational divisions inside its structure, depending on its as well as requirements as well as nature of work, provided that the total weekly working hours shall non overstep 48 hours."
In accordance amongst the provisions of Article 122, it may endure noted that when an employee is required past times his or her superior to operate on official holidays, he or she shall endure granted paid leaves that are equal to the lay out of holidays he or she was on duty. Under clause (3) of Article 117, it may endure noted that such employee may either guide days of paid larn out for the lay out of days worked during world holidays, or may try compensation for the actual overtime operate performed during the period. The provisions nether Article 122 read every bit follows:
"Compensation for operate during official holidays:
1- The straightaway superior may assign an employee to operate during an official vacation if deemed necessary every bit per operate requirements.
"2-An employee who industrial plant on official holidays shall endure granted days equal to the lay out of days he industrial plant during weekends inwards compensation. Part of a twenty-four hr catamenia shall endure considered total day.
"3-An employee who is entitled to overtime pay may guide betwixt beingness compensated past times days equal to the lay out of days worked on official holidays or have a payment inwards compensation for the actual overtime operate he performs during official holidays."
In pursuance of these provisions of the Human Resource Law as well as those of the Executive Regulation, it may endure noted that yous shall non endure entitled to compensation if Earth vacation coincides amongst a weekend. But if a vacation coincides amongst a weekday when yous operate on nighttime shifts, yous may endure entitled to additional days of paid larn out or yous may also guide to larn compensation for overtime work.
You may address your concerns amongst your supervisor as well as try compensatory days off or overtime payment, if your working hours convey fallen on world holidays. However, if yous experience that your supervisor has non followed the prescribed working hours for its subordinates, yous may consult the human resources region of your organisation.
KNOW THE LAW
If a world vacation falls on a weekend, no compensatory twenty-four hr catamenia off or overtime pay shall endure granted to an employee.
Ashish Mehta is the founder as well as Managing Partner of Ashish Mehta & Associates. He is qualified to do police inwards Dubai, the United Kingdom, Singapore, as well as India. Full details of his theatre on: www.amalawyers.com. Readers may email their questions to: news@khaleejtimes.com or ship them to Legal View, Khaleej Times, PO Box 11243, Dubai