Khaleej Times, Tuesday, Jan 10, 2023 | Jamadi Al Thani 17, 1444
Compensatory days off in UAE for working on public holidays: What you need to know
Emirates:
Question: I had to work on January 1, 2023, which is an official holiday, 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
my HR. Can I take it when I please? Is there a period during which I must avail
this?
Response: Pursuant to your queries, it is assumed that you are employed by a
mainland private company in the UAE and as you performed your work for your
employer on an official public holiday.
In the UAE, the first day of the Gregorian calendar is declared an official
public holiday. Therefore, the Ministry of Human Resources & Emiratisation
(MoHRE) declared that January 1, 2023, is a public holiday.
An employer may call upon an employee to work on an official public holiday.
However, in such case the employer should grant the employee compensatory leave
for working on a public holiday or a full day’s salary and additionally 50 per
cent of the basic salary for making an employee work on a public holiday. This
is in accordance with Article 28 of the Employment Law, which states, the
employee shall be entitled to official leave with full pay on public holidays
determined by the decision of 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 related to 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 decide the
dates when an employee may avail 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.