Do Executives Get Holiday Compensation in UAE?
Do Executives Deserve Compensation for National Day Work?
For employees in the United Arab Emirates, official holidays provide an opportunity for rest and rejuvenation, as guaranteed by the Federal Law No. 33 of 2021 concerning the Regulation of Labour Relations. However, this raises questions for those in executive positions, where the nature of their job may not always allow for a break during these holidays.
What applies to those in executive positions?
According to the laws in the United Arab Emirates, all employees are entitled to official holidays with full pay. This entitlement is outlined in the first paragraph of Article 28 of the Federal Law No. 33 of 2021, which states: "The employee is entitled to official holidays with full pay, as determined by the Ministerial Council's decision regarding the dates of holidays."
This legislation does not distinguish between executive and other positions, meaning that executives are fundamentally entitled to official holidays as well.
What happens if they work on holidays?
If an employee, including those in executive roles, is required to work on an official holiday, the law provides further guidelines regarding compensation. This is regulated in the following ways:
1. Allowance: If someone works on an official holiday, they may be entitled to an additional 50% allowance on top of their salary for the work performed. This regulation is detailed in Article 29 of the law, which outlines the obligations of employers regarding work performed on holidays.
2. Provision of a rest day: The employer can alternatively provide the employee with a substitute rest day following the holiday period. This can be based on mutual agreement.
The unique nature of executive roles
It is important to note that executive positions often involve roles governed by different regulations. In certain cases, contracts may include clauses that do not provide compensation for work performed on holidays. It is advisable to thoroughly review employment contracts for such provisions.
What can an executive do if they worked on a holiday?
1. Communication with the employer: The first step should be to consult with the employer regarding any potential compensation for the work performed. If the employment contract does not exclude allowances or rest days, they can be requested.
2. Legal remedies: If the employer does not provide the compensation mandated by law, the employee can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE), which will conduct further investigations.
3. Contract review: If an executive frequently works on holidays, it may be beneficial to review the employment contract and request amendments to ensure clear future compensation.
Conclusion
UAE laws are clear that all employees, including executives, are entitled to official holidays. The compensation for work performed on holidays is regulated by law, and employers have a duty to provide this unless the employment contract states otherwise. Those affected should always be informed of their rights and seek the appropriate channels if necessary.
This approach ensures that individuals in executive roles can enjoy the appropriate compensation for work performed on official holidays while maintaining a balance between work and personal life.
