What to do when: Boss insists you work overtime without pay?

A normal day’s work should be from 9am to 5pm but that rarely works for a good percentage of employees in the country. Most work beyond the office hours, and leaving office two hours late does seem to be the norm in many organisations.

“It is no secret that professionals in the UAE are working hard, with heavy workloads and overtime taking their toll on employees,” James Sayer, Director at recruitment firm Robert Half UAE said earlier this year when his firm published a survey that highlighted the fact that employee burnout due to to work overload and overtime is a common phenomenon in the UAE.

“On any given day, I never leave office before 7pm and so does everybody else,” said an executive in a PR company operating out of Dubai Media City. “We can be expected to work on weekends as well, and nobody refuses. It’s just how it works,” she said on the condition of anonymity.

Working longer hours than what the contact stipulates may become a part of life but it does lead to burnout, and the suffering only aggravates when there is no reward in cash or kind.

Research conducted by Robert Half UAE last year showed that nearly nine in 10 (89 per cent) Dubai-based employees work longer than their contracted hours and one in four (24 per cent) work overtime every day of the week.

The UAE’s recruitment experts maintain that while working a few extra hours when required should be an acceptable proposition for employees, the problem arises when it becomes the norm rather than exception. 

Four in 10 (41 per cent) UAE HR directors say employee burnout is common within their organisation, according to Robert Half’s research. However, this figure rises to nearly half (49 per cent) of Abu Dhabi-based companies compared with 34 per cent of Dubai organisations. 

Nevertheless, specialists say time-management has a big role to play here. The problem can largely be contained if employees are efficient and smart enough to finish their work on time, they maintain.

“Salaried workers should be able to complete their work in the allocated time outlined in their contract,” Graham Whitworth, Senior Banking Consultant at Charterhouse Partnership, said in comments to Emirates 24|7.

“Of course, there are times when employees would be expected to work overtime to manage spikes in workloads, and most employees would be happy to oblige,” he added.

“Employees have to look at their efficiencies, how can they get their job done in less time? If employees are honest with themselves about their own productivity and put in place time-saving processes, you may find overtime is unnecessary,” he maintained.

Overtime should not be grudged if it’s once in a while. “I work in a media organisation and there are days when we have to work late as the magazine goes to print but that’s part of the job,” said an assistant editor with a publishing house in Dubai.

Headhunters in the country say employees should check their contract before they go and confront the boss on work hours.

“Overtime pay depends on an employee’s contract,” said Ash Athawale, Recruitment Manager, at recruitment firm REED.

“Most companies expect their employees to be a little flexible when it comes to working a little extra and beyond the standard hours. Employers don’t like clock watchers,” he added.

But if employees believe the quantum of work is increasing beyond their scope and longer days have become the norm, they need to sit down with their boss and thrash the issue out before it becomes too frustrating for them and starts affecting their productivity.

“In such a situation, employees should raise this with their boss and explain that either an increase in salary is fair to compensate for additional hours or additional support is required,” Whitworth added.

“If the hours become excessive beyond 10 hours per week or working on weekends and/or holidays, then some form of overtime pay can be expected,” explained Athawale. “Compensation need not always be in the form of overtime pay – it can be compensatory days off or addition of days to their annual leave allowance,” he said.

“If there is absolutely no policy for compensation, be it in cash or kind, then I would encourage employees to talk to their HR department and come to a mutually acceptable resolution. And if that doesn’t work, then some formal action needs to be taken. They need to approach the Ministry of Labour or the Free Zone Authority to help resolve the issue,” he suggested.

What the law says

According to UAE Labour Law, article 65, the maximum normal hours of work of adult workers shall be eight a day or 48 a week. The hours of work may be increased to nine hours a day in commercial establishments, hotels and cafés and of guard duties and any other operations where such increase is authorised by order of the Minister of Labour and social affairs. The daily hours of work may be reduced in the case of arduous or unhealthy operations by order of the Minister of Labour and social affairs.

The normal hours of work shall be reduced by two during the month of Ramadan. The periods spent by a worker in traveling between home and place of work shall not be included in his hours of work.

If the employer has violated the rule and refuses to pay the overtime hours, the employees can file a complaint with the Ministry of Labour. If the employer terminates the employment contract, he will be in breach of the employment contract.

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