Navigating Ramadan Labor Laws in UAE
Ramadan in the UAE: Employee Rights and Responsibilities
Ramadan in the Islamic world is not only a time of spiritual renewal but also a period that raises numerous legal and employment-related questions, especially in the United Arab Emirates (UAE), where laws strictly regulate employment relationships. For many, a key question is how working hours change during Ramadan and what rights employees have if employers request additional hours. This blog post delves into this topic in detail, with a special focus on Dubai and UAE labor regulations.
Reducing Working Hours During Ramadan
According to UAE laws, during Ramadan, the daily working hours for employees in the private sector are reduced by 2 hours. This is regulated by Article 17 (4) of UAE Federal Decree-Law No. 33 of 2021, affirmed by Article 15 (2) of the Cabinet Resolution No. 1 of 2022. According to the law:
"The regular working hours shall be reduced by 2 hours per day during the holy month of Ramadan."
This means that employers are obliged to adhere to this rule, and employees cannot work longer than usual unless there is a special agreement or legal exception.
Exceptions and Overtime
Although reducing working hours during Ramadan is a general rule, there are cases where employers can request additional hours from employees. According to Article 19 of the UAE Labor Law:
Overtime: Employers can request additional working hours from employees, but these cannot exceed 2 hours per day, and employees cannot work more than this unless expressly permitted by the law's implementing regulations. Additionally, the total working hours cannot exceed 144 hours over 3 weeks.
Overtime Pay: If employers request additional hours, employees are entitled to at least a 25% premium over their normal hourly wage. If overtime occurs at night, between 10:00 PM and 4:00 AM, the premium is at least 50%. However, this does not apply to shift workers.
Rest Days: If employees are required to work on a rest day, they are entitled to either a compensatory rest day or at least a 50% premium over their normal hourly wage.
Managerial and Supervisory Positions
For employees in managerial or supervisory positions, the situation is somewhat different. According to Article 15 (4) (b) of the Cabinet Resolution No. 1 of 2022:
"The following categories are not subject to the maximum working hours provisions: [...] b) persons who occupy supervisory positions and have the power of the employer due to their position."
This means that those in managerial or supervisory positions may not necessarily be entitled to overtime pay if employers request additional hours. This rule is due to their responsibilities and powers related to their position.
Filing a Complaint
If an employer does not adhere to the reduced working hours during Ramadan or does not pay for overtime, employees can file a complaint. This can be done with the Ministry of Human Resources and Emiratisation (MoHRE). Upon receiving a complaint, the ministry may contact the employer to ensure compliance with labor regulations.
Frequently Asked Questions
Is every employee's working hours reduced during Ramadan?
Yes, working hours for private sector employees are reduced by 2 hours daily unless the law or employment contract specifies otherwise.
Am I entitled to overtime pay if additional hours are requested during Ramadan?
Yes, if employers request additional hours, the law entitles you to a premium over your normal hourly wage.
What should I do if the employer does not follow the rules?
A complaint can be filed with MoHRE, which can investigate the employer's practices.
Summary
Ramadan in the UAE is a unique period not only spiritually but also legally. Employees have the right to reduced working hours, and if additional hours are requested, they must be appropriately compensated according to the law. Different rules apply to those in managerial positions. If any issues arise, help from MoHRE can be sought. Thus, Ramadan can be a time not only for inner renewal but also for labor law awareness.
