Working On Public Holidays In UAE? What Employees Need To Know About Compensatory Days Off

[Editor's note: This article was originally published in January 2023. It is being reshared as Eid Al Adha holidays approach to inform residents about compensatory leave policies in the UAE.]

Question: I had to work on a public holiday in the UAE, with the understanding that I would get a compensatory off. How is this off determined? I ask because previously my compensatory off 'lapsed' according to HR. Can I take it whenever I want? Is there a period during which I must use it?

Response: Based on your queries, it is assumed that you are employed by a mainland private company in the UAE and that you performed your duties for your employer on an official public holiday.

An employer may ask an employee to work on an official public holiday in the UAE. However, in such a case, the employer should grant the employee compensatory leave for working on a public holiday, or pay a full day's salary, and additionally pay 50 per cent of the basic salary for making the employee work on a public holiday. This is in accordance with Article 28 of the Employment Law, which states that the employee shall be entitled to official leave with full pay on public holidays determined by the Cabinet.

Secondly, should the work circumstances require that the employee be employed on holidays, the employee shall be compensated with a substitute rest day for each day worked or be paid his salary for normal working days plus a supplement of at least 50 per cent of his basic salary for that day.

However, the Employment Law is silent on the limitation period to avail compensatory leave. Therefore, it is the responsibility of the employer to grant employees compensatory leave for working on a public holiday or compensate such employees with additional pay as mentioned above. The employer may determine the dates on which an employee may avail of compensatory leave. In the event, your employer does not grant you compensatory leave or additional payment for working on public holidays, and if the human resource manager of your employer states that your compensatory leave has lapsed, you may contact the MoHRE and file a complaint against your employer.

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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