Tuesday, 02 January 2024 12:17 GMT

Ramadan In UAE: Can Employers Ask Employees To Work Extra Hours During Holy Month?


(MENAFN- Khaleej Times) Question: During Ramadan , work hours for private sector employees are reduced by 2 hours, correct? Are there any exceptions to this? If my employer doesn't comply, can I file a complaint? How are overtime hours calculated during the holy month, especially for employees working in mainland companies in Dubai? Please advise.

Answer: In the UAE, employees are entitled to 2 hours less work per day during the holy month of Ramadan . This reduction is mandated by Article 17(4) of federal Decree Law No. 33 of 2021 on the Employment Relations, and is further supported by Article 15(2) of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulations of Employment Relations.

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The law specifically states:

“Subject to the provisions of Article 17 of the Decree Law:

The regular working hours shall be reduced by two hours during the holy month of Ramadan."

Furthermore, an employee may be entitled to overtime payment , if his/her employer calls upon an employee to work overtime. This is in accordance with Article 19 of the Employment Law, which states:

“1. The Employer may employ the employee for additional working hours, provided that they do not exceed (2) two hours a day, and the employee may not work more than such hours unless according to the procedures and conditions specified by the Executive Regulations of this Decree-Law. In any event, the total working hours shall not exceed (144) one hundred forty-four hours in (3) three weeks.

2. If the work circumstances require that the employee be employed for hours exceeding the ordinary working hours, such extended time shall be deemed overtime for which the employee shall be paid his basic salary for his normal hours of work plus a supplement of at least 25 per cent of that salary.

3. If the work circumstances require that the employee be employed for extra hours between 10 PM and 4 AM, the employee shall be paid his basic salary for his normal hours of work plus a supplement of at least 50 per cent of that salary. This paragraph shall not apply to employees by shifts.

4. If the work circumstances require that the employee be employed on the rest day specified in the employment contract or the internal work regulations, he shall be compensated with a substitute rest day, or be paid his basic salary for his normal hours of work plus a supplement of at least 50 per cent of the salary.

5. The employee may not be employed more than two consecutive rest days, except for the daily employees.”

Moreover, if an employee is in a managerial or supervisory position, he/she may not be entitled to any overtime pay. This is in accordance with Article 15(4) (b) of Cabinet Resolution No. 1 of 2022, which states,

“The following categories shall be exempted from the provisions relating to the maximum working hours”.

b. The persons occupying supervisory positions if such positions vest in them the powers of the employer.”

Based on the aforementioned provisions of law, you as an employee may be entitled to overtime payment if you work for additional hours other than the regular Ramadan period working hours.

Furthermore, if you are in a managerial or supervisory position, you may not be entitled to overtime payment.

If your employer does not reduce working hours during the holy month of Ramadan or does not agree to pay you for the overtime, you may file a complaint against your employer with the Ministry of Human Resources and Emiratisation (MoHRE). Following your complaint, MoHRE may contact your employer to ensure compliance with labour regulations during the month of Ramadan.

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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