Have you been working more than eight hours a day and 40 hours a week?
Have you been working from working overtime from 9PM to 4AM?
Have your been working during Fridays and holidays?
Then you deserve an overtime pay.
Read this now:
CHAPTER IV WORKING HOURS AND LEAVES
Federal Law No 8, For 1980, On Regulation of Labour Relations
SECTION 1 WORKING HOURS
ARTICLE (65)
The maximum normal working hours for adult employees shall
be eight hours per day or forty eight hours per week. However, working hours
for the employees of commercial establishments, hotels, restaurants, watchmen
and similar operations may be increased to nine hours per day as determined by
the Minister of Labour. Likewise, working hours per day in respect of hazardous
work or work detrimental to health, may be decreased by decision of the
Minister of Labour and Social Affairs. During the month of Ramadan, normal
working hours shall be reduced by two hours. Time spent by the employee in
transport form his residence to the place of work shall not be included in the
working hours.
ARTICLE (66)
Daily working hours shall be regulated in a way that no
employee shall work over five hours consecutively without break times for rest,
food and prayer with a total not less than one hour, provided that such times
shall not be counted in working hours. In factories and workshops where work is
rotated on night and day shift basis, or in places of business where technical
and economic reasons necessitate round the clock work, break times for rest,
food and prayer shall be determined by the Minister.
ARTICLE (67)
If circumstances of
work necessitate that an employee works more than the normal working hours, the
extra time shall be considered overtime, for which the employee shall receive a
remuneration equal to that corresponding to his normal working hours plus an
extra of at least 25 percent of such remuneration.
ARTICLE (68)
If circumstance of work necessitate that an employee works
overtime between 9.00 p.m and 4.00 a.m., he shall be entitled to normal working
hours pay plus an increase equal to at least 50% of such pay.
ARTICLE (69)
Actual overtime may not exceed two hours per day unless work
in necessary to prevent substantial loss or serious accident or to eliminate or
alleviate its effects.
ARTICLE (70)
Friday is the normal weekly holiday for all employees except
for those on daily wage bases. If the employee is required to work on Friday he
shall be granted one day off for rest or be paid the basic pay for normal
working hours plus 50% increase at least of such pay.
ARTICLE (71)
Except for labourers
on daily wage an employee may not work on more than two Fridays successively.
ARTICLE (72)
The provisions of
this Section shall not apply to the following categories: 1. Persons holding
responsible senior posts in the management or supervision if holders of such
titles are vested with the authorities or employers over employees, and such
category is to be determined by the Minister of Labour and Social Affairs. 2.
Ship crews and sea men who work under special service conditions due to the
nature of their work, excluding Sea Port workers who are engaged in loading and
off-loading and related works.
ARTICLE (73)
A Notice Board showing the weekly closing day, working hours
and rest times for all categories of employees must be fixed at conspicuous
place on the main gate used as entrance by employees and in the premises of
work and a copy of the notice should be submitted to the competent Labour
Department. If the weekly closure system is not applied by the place of
business, a notice showing the weekly rest day for each category of employees
shall be fixed by the employer at the places referred to in the preceding
paragraph.
SECTION 2 LEAVES
ARTICLE (74)
Each employee is
entitled to an official leave with full pay on the following occasions:
- Hijra New Year. One day
- Christian New Year. One day
- Eid Al Fitr Two days
- Eid Al Adha and Waqfa day Three days
- Birthday of the Prophet One day
- Ascension Day One day
- National Day One day
ARTICLE (75)
The employee must be granted
an annual leave during each year of service which may not be less than: 1. Two
days per month in respect of any employee with more than six months and less
than one year of service. 2. Thirty days per annum in respect of any employee
whose period of service exceeds on year. In the event of termination of an
employee's service he shall be entitled to an annual leave for the fractions of
the last year of service.
ARTICLE (76)
The employer may at his discretion
determine the date for commencement of annual leaves and, when necessary, he
may decide to divide the leave in two parts at the most, except in cases of
juveniles where vacation may not be divided in parts.
ARTICLE (77)*
The annual
leave period is deemed to include such holidays as prescribed by law or as
agreed to, and any other periods of sickness, occurred during this leave and is
considered as part thereof.
ARTICLE (78)*
The employee shall receive his basic
pay in addition to housing allowance, if any for the annual leave days. However
if the exigencies of work necessitate that the employee works during his annual
leave in whole or in part, and the period of leave during which he has worked,
has not been carried forward to the next year, the employer ought to pay him
his wage in addition to cash in lieu of leave for his working days based on his
basic pay.
ARTICLE (79)
The employee is entitled to receive cash in lieu of
annual leave days not availed by him, if he was dismissed or if he left the
service, after the period of notice stipulated by law. Cash in lieu of leave is
calculated on the bases of pay received by the employee at the time of maturity
of such leave.
ARTICLE (80)
Remuneration due to an employee plus that of
the approved leave under this law shall be paid in full by the employer to the
employee before the latter's departure on annual leave.
ARTICLE (81)
If
exigencies of work necessitate that the employee work on holidays or rest days
against which he receives full or partial pay he shall be compensated in lieu
thereof with increase in pay by 50% of his wage, but if he has not been
compensated for the same with a leave, the employer shall pay him an increase
to his basic wage equivalent to 150% of the days of work.
ARTICLE (82)
If the
employee falls sick for reasons other than labour injury he must report his
illness within a period of two days at most and the employer must take
necessary measures having him medically checked up to ascertain illness.
ARTICLE (83)* 1. During the probationary period, the employee is not entitled
to any paid sick leave. 2. If the employee spends over three months after
completion of the probationary period, in the continuous service of employer,
and falls sick during this period, he becomes entitled to a sick leave not more
than 90 days either continuous or intermittent per each year or service,
computed as follows:-
A. The first fifteen days with full pay.
B. The next
thirty days, with half pay. c. The subsequent period, without pay.
ARTICLE (84)
Pay during sick leave shall not be made if sickness resulted from mis-behaviour
of the employee such as consumption of alcohol or narcotics.
ARTICLE (85)
The employer may terminate the services of an employee who
fails to resume his duties at the end of such leave as stipulated in Article
(82), (83) and (84) hereof, and in such case the employee shall be entitled to
his gratuity in accordance with the provisions of this Law.
ARTICLE (86)
If an
employee resigns from service because of illness before the lapse of the first
45 days of the sick leave and the Government Medical Officer or the physician
appointed by the employer justifies the causes of resignation, the employer
must pay to the employee his remuneration due for the period remaining from the
first 45 days referred to above.
ARTICLE (87) A special leave without pay may
be granted for the performance of pilgrimage to the employee once through-out
his service and shall not be counted among other leaves and may not exceed 30
days.
ARTICLE (88)*
During the annual leave or sick leave provided for
hereunder, the employee may not work for another Employer; however, if the
employer has established that the employee has done this, he shall have the
right to terminate the service of employee without notice, and to deprive him
of the leave pay due to him.
ARTICLE (89)
Subject to the provisions herein
contained, every employee who does not report to duty immediately after expiry
of his vacation, he shall be deprived of his pay for the period of absence
commencing from the day following to the date on which the leave has expired.
ARTICLE (90)
Without prejudice to cases where the employer has the right to
dismiss the employee without notice or gratuity as prescribed herein, the
employer may not dismiss an employee or serve him with a notice of dismissal
during his leave as is provided for in this Section.
Source and You can also download: http://www.moid.gov.ae/Laws/UAE_Labour_Law.pdf
