New UAE labour law: What can employees do if they’re overworked?

Some staff have reported working greater than 12 hours a day with none time without work

Although the brand new workweek has been adopted throughout the UAE’s public sector, some non-public sector staff have reported working extra time, as employers are but to find out their days off.

The brand new labour regulation, which comes into impact on February 2, provides the non-public sector the flexibleness to find out the staff’ weekends, so long as they’ve no less than in the future off per week. That is topic to extend as per the corporate’s discretion.

An worker at an auto market in Dubai, who requested to stay nameless, advised Khaleej Occasions that with the brand new workweek, the corporate’s staff ended up working with no days off because the employer is but to find out the brand new weekend.

“Earlier than the brand new workweek, we had Fridays off. Now, we wouldn’t have it off any extra.”

The worker reported hesitance to make a criticism to the Ministry of Human Sources and Emiratisation (Mohre) out of worry of dropping their job.

One other worker at a restaurant close to the Gold Souq in Dubai reported working from 9am to 10pm day-after-day, together with Friday, which was beforehand a break day.

“We’re ready for the corporate to regulate, however we’re unclear when.” The worker is entitled to in the future off as per the signed contract.

“We’ve got households, and dealing for lengthy hours are impacting our household time and total well-being,” the worker stated.

What does the brand new regulation say about working extra time?

The brand new labour regulation grants staff within the non-public sector no less than in the future off each week. Staff are to work a most of eight hours a day or 48 hours every week.

Article 19 states that the utmost hours of extra time per day is 2 hours in in the future.

Ought to the character of the job require greater than two hours extra time, staff should obtain an extra time wage equal to common hour pay with a 25 per cent enhance.

If situations required staff to work extra time between 10pm and 4am, they’re entitled to an extra time wage equal to common hour pay with a 50 per cent enhance. Folks on a shift foundation are exempted from this rule.

If staff have been requested to work on a break day, they have to obtain a one-day depart or an extra time wage equal to the common day pay with a 50 per cent enhance. Staff are usually not speculated to work with out two consecutive days off.

What to do if my employer violates my rights?

Mohamed Gamal Tawfik, a authorized advisor at Kaden Boriss Authorized Consulting, stated staff can first attempt to demand their dues from their employers as per the regulation and settle the problem amicably.

If employers don’t reply, staff are to challenge a criticism at Mohre with out terminating the contract.

Staff have the choice to file a joint criticism collectively.

How do I show I’m working extra time?

Tawfik stated the extra time hours have to be calculated, together with proof of an specific and direct instruction from the employer to work after official working hours or throughout holidays.

Will I be susceptible to dropping my job?

No. Article 47 clearly states that it’s unlawful for employers to terminate an worker for submitting a sound criticism to the ministry.

If staff consider they’ve been dismissed illegally, they’ll complain to ministry, which is able to attempt to resolve the problem amicably. If an amicable settlement will not be reached, the case might be referred to the respective courtroom.

If arbitrary dismissal is confirmed, the courtroom will order the employer to pay a compensation to the worker.

The courtroom will assess the worth of compensation based mostly on the kind of work, the extent of injury incurred to the worker and the period of employment.

In all circumstances, the quantity of compensation should not exceed the wage of the worker for a interval of three months, calculated on the idea of the final wage the employee is entitled to.

Along with compensation, staff can declare their gratuity, discover interval dues or another unpaid dues.

[email protected]