(MENAFN- Khaleej Times)
Question: I work in a mainland company, and the employer asked me to share my annual leave plan for 2025. He told me that I had to stick to this leave plan. Is it legal for employers in UAE to ask employees to give a leave plan in advance and force them to follow it? Please guide.
Answer: It is assumed that the company you are employed with employs more than 50 people.
In the UAE, an employer can determine the annual leave dates of its employees based on its operational requirements or mutually in agreement with an employee.
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An employer must inform an employee of his or her annual leave dates (start date and end date) at least one month in advance before the commencement of the said annual leave.
This is by Article 29 (4) of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations which states:“The employee shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the employee, or rotate leaves among employees for the smooth progress of work, and shall notify the employee of the date of his leave at least (1) one month before the same.”
Furthermore, an employer should have its own internal employees' handbook or HR policy related to rules and regulations of employment if it employs more than 50 employees. This is by Article 13(3) of the UAE Employment Law, which states:“The employer shall put in place internal work regulations, including work instructions, sanctions, promotions, benefits and other bylaws and internal regulations under the controls set by the executive regulations of this decree-law.”
However, these may not be mandatory for entities with less than 50 employees. However, any entity with more than 50 employees should have its own internal work regulations or HR Policy.
Based on the aforementioned provisions of law, your employer may request that you provide an annual leave plan, as your employer may have the discretion to determine the dates of your annual leave, and they may choose to do so on a rotation basis to meet the needs of the business and ensure smooth operations.
Furthermore, your HR policy may also mention notifying the employer prior to applying for the leave. However, it is advisable that you discuss this matter directly with your employer to mutually agree on your annual leave dates.
While the employer may request adherence to the plan, they may not force you to follow it rigidly. You could propose to notify your employer before submitting your leave application and vice versa, which may help accommodate your needs and the employer's operational requirements.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: Readers may e-mail their questions to: ... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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