UAE public holiday work rules: Asked to work on national holiday? Here’s what the law says

Dubai: If you are asked to work during a UAE public holiday such as the Hijri New Year break, you have a right to be compensated either through extra pay or a compensatory day off, according the UAE Labour Law. Legal experts who spoke with Emirates 24|7 said that the UAE Labour Law - Federal Decree-Law No. 33 of 2021 - gives private sector employees the right to paid public holidays, and if they are required to work, compensation is mandatory. What happens if you work on a public holiday? According to lawyers, if an employee is required to work, the employer must compensate them in one of two ways: Give another rest day in lieu of the holiday worked Pay the normal daily wage plus at least 50 per cent of the employee’s basic salary for that day Rajiv Suri, Senior Associate at Alsuwaidi & Company LLC, said: “This applies to all the employees in the private sector regardless of their position. Depending upon the option the employer typically chooses, it's always recommended to get a written confirmation, may be via an email or WhatsApp, of how such an employee would be compensated before working the holiday." Rajiv Suri "However, if an employer doesn't comply, then the employee, as a first step, may take it up the company’s human resources (HR) department for any clarification and/or correction. If the issue still remains unresolved, he or she can then escalate the matter through MOHRE or file a complaint online at the earliest for it to resolve. For any unresolved cases, matter can be referred to the Labour Court of First Instance,” he added. Also read: UAE labour complaint guide: How to file a case with MOHRE Does this apply to managers and senior staff? The short answer is ‘yes’, according to Dr. Mohamed Abdulla Al-Mur, Founder and Chairman of Al Mur Law Firm. “The Labour Law applies broadly to all employees. Article 28 itself does not distinguish between junior and senior roles. Therefore, as a principle, the entitlement to compensation for working on public holidays extends to all employees, including those in managerial positions,” he said. Dr. Mohamed Al Mur “However, in practice, certain senior managerial or supervisory roles may fall outside overtime frameworks, depending on the nature of their authority and responsibilities. The determining factor is not the job title, but whether the individual exercises genuine managerial authority, for example, decision-making power on behalf of the employer. Even so, the better legal view, and one increasingly reflected in practice, is that public holiday compensation remains due, unless there is a clear and lawful basis to exclude it. In other words, classification as a ‘manager’ does not automatically extinguish statutory rights,” he added. What if the company does not compensate you? “If an employer doesn't comply, then the employee, as a first step, may take it up with the company’s human resources (HR) department for any clarification and/or correction. If the issue still remains unresolved, he or she can then escalate the matter through the Ministry of Human Resources and Emiratisation, or file a complaint online at the earliest,” Suri said. Common issues employees should watch for Dr Al-Mur also highlighted some issues that employees should keep in mind, when it comes to working during a public holiday. Ambiguity in compensation method Will you be given a compensatory leave, or additional pay? According to Dr Al-Mur, the decision lies with the employer. “However, disputes often arise where this is not clarified in advance. The best practice is to agree and document the form of compensation beforehand,” he said. Miscalculation of entitlement The law specifies that the additional 50% is calculated on the basic salary, not total remuneration, Dr Al-Mur clarified. This distinction frequently leads to misunderstandings. Lack of documentation “In disputes, evidence is critical. Employees should retain work instructions, attendance records, and any communication confirming work on a public holiday. Without documentation, enforcement becomes more difficult,” Dr Al-Mur said. Protection against retaliation “The law explicitly protects employees from adverse action for filing legitimate complaints. Termination due to filing a complaint may be deemed unlawful, entitling the employee to compensation,” he added.