Question: I work for a mainland Dubai company and my contract specifies a nine-hour workday. However, I am required to respond to emails and phone calls well after my official working hours, almost on a daily basis. Does this make me eligible for overtime? Please advise on the process and the rules surrounding this.
Answer: In the UAE, maximum working hours should not exceed eight hours per day or 48 hours per week, as per Article 17(1) of Federal Decree Law No. 33 of 2021.
“1. The maximum normal working hours for an employee shall be (8) eight hours per day or (48) forty-eight hours per week.”
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If an employee works beyond regular hours, this extra time is considered overtime. Overtime pay must include at least a 25 per cent increase, as specified in Article 19(2) of the Employment Law.
“If the work conditions necessitate that the worker works for more than the normal working hours, the excess period shall represent overtime, for which the worker shall receive a wage equal to the wage corresponding to the normal working hours, which is calculated according to the basic wage plus an increase of not less than (25 per cent) twenty five percent of that salary.”
If an employee works overtime between 10pm and 4am, they should receive overtime pay with at least a 50 per cent increase, according to Article 19(3) of the Employment Law.
The law states that, “If the work conditions require that the worker works overtime between 10pm and 4am, the worker shall be entitled, regarding the overtime, to receive the wage prescribed for the normal working hours calculated according to the basic wage plus an increase of not less than (50 per cent) fifty per cent of that wage. The workers working based on shifts shall be excluded from this clause.”
Additionally, an employer calling upon an employee to work for more than eight hours without any overtime payment may lead to employment by force. This is in accordance with Article 14(1) of the Employment Law, which states, “An employer may not use any means susceptible of obliging or forcing the employee, or threatening him with any penalty, to work for him, or forcing him to do a work or deliver a service against his will.”
In accordance with the aforementioned provision of the law, if you are required to work beyond the permissible working hours i.e. eight-hour per day or 48-hour per week, it may be considered overtime, and therefore you are entitled to receive additional compensation. You may discuss your concerns with your employer and may ask for the overtime compensation.
Furthermore, you may approach Ministry of Human Resources and Emiratisation (MoHRE) if your employer does not agree to the same.
