Question: I wanted to travel back home this December, but my boss said preference would be given to families since it coincides with the school break. Is this legal? Can companies dictate when their employees can take their vacation?

Answer: In the UAE, an employee is entitled to an annual leave of not less than 30 calendar days for each year of service. This is in accordance with Article 29(1) (a) of the Employment Law, which states that“Without prejudice to the employee's rights acquired for the period preceding the date of enforcement of the provisions of this Decree by law, the employee shall be entitled to an annual leave with full pay of not less than:

a. Thirty days for each year of his extended service.”

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However, an employer has the right to determine the dates of annual leave, depending on work requirements. This is in accordance with Article 29(4) of the Employment Law, which states ,“The employee must enjoy his leave in the year of its entitlement, and the Employer may determine the dates of these leaves in accordance with work requirements and in agreement with the worker, or grant them in rotation among the establishment's workers in order to ensure the progress of his work, and he must notify the worker of the specified date for enjoying his leave at least one month in advance.”

Based on the above, your employer may determine the annual leave dates for all employees in accordance with the operational requirements of the employer. However, your employer must ensure that you are granted your full annual leave entitlement within the applicable year or allow you to carry forward at least 50 per cent of your annual leave to the subsequent year in accordance with Article 29 (8) of the Employment Law.

Therefore, while your employer may schedule or postpone leave, depending on the operational requirements of the employer, you may discuss alternate dates with your employer to amicably resolve the dates for your annual leave.

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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