Question: I work for a company in mainland Dubai, where my contract specifies a nine-hour workday. However, I frequently need to respond to emails and calls after my official hours. Am I eligible for overtime pay? Please advise on the applicable rules and procedures.
Answer: In the UAE, the standard working hours are capped at eight hours per day or 48 hours per week, according to Article 17(1) of Federal Decree Law No. 33 of 2021.
“1. The maximum standard working hours for an employee shall be eight hours per day or 48 hours per week.”
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Any work beyond these hours is considered overtime, and the law mandates at least a 25% pay increase for overtime, as outlined in Article 19(2) of the Employment Law.
“If work conditions require an employee to work beyond normal hours, this time is overtime, warranting a wage equivalent to the basic pay plus at least a 25% increase.”
For overtime between 10pm and 4am, employees are entitled to at least a 50% pay increase, as stated in Article 19(3) of the Employment Law.
The law specifies, “If work conditions necessitate overtime between 10pm and 4am, the worker is entitled to a wage calculated at the basic rate plus a minimum of 50% increase. Shift workers are excluded from this provision.”
Employers requiring more than eight hours without overtime pay may be coercing employees, which is prohibited under Article 14(1) of the Employment Law: “An employer cannot force or threaten an employee to work against their will.”
Accordingly, if you are required to work beyond the standard hours, it qualifies as overtime, and you should receive extra compensation. Discuss this with your employer and request overtime pay.
If unresolved, you may contact the Ministry of Human Resources and Emiratisation (MoHRE).
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, the UK, and India. More information at: www.amalawyers.com. Email your questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
