Can UAE Employees Combine Compensatory Leave With Annual Leave? Lawyer Explains

(MENAFN- Khaleej Times) Question: I have several compensatory days off in lieu of working during public holidays. I plan to take a leave next month and am wondering if I can combine these compensatory days with my annual leave to extend my break. Please advise.

Answer: Pursuant to your query, it is assumed that you are employed by an employer based in the mainland of Dubai, the provisions of the UAE Employment law are applicable.

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In the UAE, it is at the discretion of an employer to determine the annual leave dates of its employees based on its operational requirements, or as mutually agreed between an employer and 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 in accordance with Article 29 (4) of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the 'Employment Law').

An employee is eligible for full pay in public holidays as per the announcements made by the relevant local authority and Ministry of Human Resources and Emiratisation (Mohre). This is in accordance with Article 28 (1) of the Employment Law.

However, if the circumstances require for an employee to work during public holidays, then an employee is eligible for compensatory leave for working on public holiday(s) or salary for normal working day along with an additional pay of 50 per cent on basic salary of an employee.

This is in accordance with Article 28(2) of the Employment Law. The Employment Law and its subsequent ministerial Decrees are silent related to combining of compensatory leave with annual leave of an employee. However, only unpaid leave, bereavement leave, and parental leave may be combined. You may discuss this matter directly with your HR/employer and mutually agree.

Further, 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 in accordance with Article 13(3) of the Employment Law, which states,“An employer shall put in place internal work regulations, including work instructions, sanctions, promotions, benefits and other bylaws and internal regulations pursuant to the controls set by the executive regulations of this decree law.”

However, if your employer's human resources (HR) policy or internal rules and regulations mention that annual leave and public holiday can be combined, then you are entitled for the same.

This is in accordance with Article 65(4) of the Employment Law, which states,“An Employer may establish and put in place organisation bylaws and programmes in the Establishment that would be more beneficial to an employee than those prescribed in this Decree-Law and its Executive Regulations. In the event of conflict between such programmes and bylaws and the provisions of this Decree-Law, conditions that are more beneficial to an employee shall apply."

Applicable law:

The Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations.

Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 regarding the Regulation of Employment Relations.

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 are on Readers may e-mail their questions to... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.

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