Thursday, August 18, 2022

Employee Holidays and Vacation Under UAE Labour Law

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Under the UAE Labour Law, workers are entitled to various paid leaves. To avoid misunderstanding and confusion between workers and employers, it is best to refer to the UAE Labour Law (Law).

Article 74: Holiday Leaves with Pay

Each employee working in the country and governed by the Law is entitled to a holiday leave with full pay:

  • Hijra New Year. One day
  • Christian New Year. One day
  • Eid Al Fitr Two days
  • Eid Al Adha and Waqfa day Three days
  • Birthday of the Prophet One day
  • Ascension Day One day
  • National Day One day

Article 75: Annual Leaves

During each year, employees must be granted annual leaves from service which may not be less than:

  1. Two days per month in respect of any employee with more than six months and less than one year of service.
  2. Thirty days per annum in respect of any employee whose period of service exceeds on year.

In the event of termination of an employee’s service he shall be entitled to an annual leave for the fractions of the last year of service.

Article 76: Employer’s Decision on Implementing Annual Leave

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The employer may at his discretion determine the date for commencement of annual leaves and, when necessary, he may decide to divide the leave in two parts at the most, except in cases of juveniles where vacation may not be divided in parts.

Article 77: Including Holidays During Leave Period 

The annual leave period is deemed to include such holidays as prescribed by law or as agreed to, and any other periods of sickness, occurred during this leave and is considered as part thereof.

Article 78: When Employee Works During Leave Period

The employee shall receive his basic pay in addition to housing allowance, if any for the annual leave days. However 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 has worked, has not been carried forward to the next year, the employer ought to pay him his wage in addition to cash in lieu of leave for his working days based on his basic pay.

Article 79: Cash Payment in Lieu of Leave

The employee is entitled to receive cash in lieu of annual leave days not availed by him, if he was dismissed or if he left the service, after the period of notice stipulated by law. Cash in lieu of leave is calculated on the bases of pay received by the employee at the time of maturity of such leave.

Article 80:  Payment of Remuneration Before Leave

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Remuneration due to an employee plus that of the approved leave under this law shall be paid in full by the employer to the employee before the latter’s departure on annual leave.

Article 81: Wage Adjustment When Employee Works During Leave Period

If exigencies of work necessitate that the employee work on holidays or rest days against which he receives full or partial pay he shall be compensated in lieu thereof with increase in pay by 50% of his wage, but if he has not been compensated for the same with a leave, the employer shall pay him an increase to his basic wage equivalent to 150% of the days of work.

Article 82: When Employee Falls Sick 

If the employee falls sick for reasons other than labour injury he must report his illness within a period of two days at most and the employer must take necessary measures having him medically checked up to ascertain illness.

Article 83: Sick Leave Regulations

  1. During the probationary period, the employee is not entitled to any paid sick leave.
  2. If the employee spends over three months after completion of the probationary period, in the continuous service of employer, and falls sick during this period, he becomes entitled to a sick leave not more than 90 days either continuous or intermittent per each year or service, computed as follows:

a. The first fifteen days with full pay.

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b. The next thirty days, with half pay.

c. The subsequent period, without pay.

Article 84: Sickness Exempted from Pay

Pay during sick leave shall not be made if sickness resulted from mis-behaviour of the employee such as consumption of alcohol or narcotics.

Article 85: Failure to Report to Work After Leave

The employer may terminate the services of an employee who fails to resume his duties at the end of such leave as stipulated in Article (82), (83) and (84) hereof, and in such case the employee shall be entitled to his gratuity in accordance with the provisions of this Law.

Article 86: Remuneration Payment Arrangement When Employee Resigns During Sick Leave

If an employee resigns from service because of illness before the lapse of the first 45 days of the sick leave and the Government Medical Officer or the physician appointed by the employer justifies the causes of resignation, the employer must pay to the employee his remuneration due for the period remaining from the first 45 days referred to above.

Article 87: Performance of Pilgrimage Leave

A special leave without pay may be granted for the performance of pilgrimage to the employee once through-out his service and shall not be counted among other leaves and may not exceed 30 days.

Article 88: Working For Another Employer While on Leave

During the annual leave or sick leave provided for hereunder, the employee may not work for another Employer; however, if the employer has established that the employee has done this, he shall have the right to terminate the service of employee without notice, and to deprive him of the leave pay due to him.

Article 89:  Failure to Report to Work After Leave

Subject to the provisions herein contained, every employee who does not report to duty immediately after expiry of his vacation, he shall be deprived of his pay for the period of absence commencing from the day following to the date on which the leave has expired.

Article 90: Dismissal of Employee During Leave Period

Without prejudice to cases where the employer has the right to dismiss the employee without notice or gratuity as prescribed herein, the employer may not dismiss an employee or serve him with a notice of dismissal during his leave as is provided for in this Section.

Source: UAE Labour Law

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23 COMMENTS

  1. sa pitong taon ko dito sa dubai ni isang holiday pay wala kaming natatanggap mula sa company,,,, papaano kami makakapag complain ung ang company namin ngaun ay isa sa pinaka makapang yarihan sa dubai,,,,,,,,

  2. sa pitong taon ko dito sa dubai ni isang holiday pay wala kaming natatanggap mula sa company,,,, papaano kami makakapag complain ung ang company namin ngaun ay isa sa pinaka makapang yarihan sa dubai,,,,,,,,

  3. Dito sa company nmin may ilan na po na natapos na ang contract wala man po nkuha kahit magkano katwiran ng manager small shop lng daw ang shop nmin samantalang 23 kming worker dito pang apat n company q nato sa mga inalisan q may nakuha akong gratuity at 2 months salary pwede po ba nmin reklamo ang company nmin sa labor

  4. Dito sa company nmin may ilan na po na natapos na ang contract wala man po nkuha kahit magkano katwiran ng manager small shop lng daw ang shop nmin samantalang 23 kming worker dito pang apat n company q nato sa mga inalisan q may nakuha akong gratuity at 2 months salary pwede po ba nmin reklamo ang company nmin sa labor

  5. Sa company namin pag nakalocal leave ka wala rin binibigay.Last year nag local leave din ako wala din binibigay…pwede p kaya nmn mahabol yun?lalo na ako next month (August)finish contract na ako sana makuha namin ung right namin na sinasabi ng Labor.

  6. kahit LLC bah pwd to?wla kasi kaming leave eh… kahit holidays meron ding pasok…wla pa nmang bayad… pagkakaalam q lang sa FREE ZONE LANG TO APPLICABLE UNG HOLD LANG NG GOVERNMENT

  7. What about pregnant woman my maternity leave po b ilng days? At my mkukuha po bng maternity pay? Sana po mbgyn nyo ako advise kc po first time ko dto sa uae at Plano ko pang isaby yun anual leave ko.. Salamat

  8. What about pregnant woman my maternity leave po b ilng days? At my mkukuha po bng maternity pay? Sana po mbgyn nyo ako advise kc po first time ko dto sa uae at Plano ko pang isaby yun anual leave ko.. Salamat

  9. Ttoo b n kpag ngbbkasyon k after 2 years ang bnbgay n pera 2 mos ang bbasehan b ay Kung mgkano ang basic Kc maliit lng ang basic k pero tumaas nmn ang sweldo k Kya kpag ngbbkasyon aq maliit nkkuha kong pera

  10. Kung alam nyo kung ano rights nyo at kung ano dpat sa inyo wag kau Puro reklamo punta kau sa labor ka agad binabasahan ko pa nga ng contract employer ko dito sa uae dpat alamin mo mga karapatan mo pag may doubt labor agad..

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