Over the previous some months, my boss has been asking me to log in to work over the weekend’ it is something frequently heard from workers in the UAE, but what is the ruling on this? Who is eligible for overtime and it is legal to work on your day off? – Ali Answered here. Question – I’m employed in a company located in Dubai mainland. over the previous some months, my boss has been asking me to log in to work over the weekend. I’m not needed to go to the office, but it is official work that I’m doing from home. I spend a better three to four hours every weekend like this. What are my rights such examples? Can I be forced to perform on my day off? Also, am I eligible for overtime if I select to perform like this from home?
Response – Pursuant to your questions, this is assumed that you have a day of weekly holiday according to the employment agreement signed with your recruiter. More, as you are employed by a mainland company located in the Dubai emirate, the provisions of Federal Decree-Law No. 33 of 2021 of the Regulation of Employment Relations and the provisions of Cabinet Resolution No. 1 of 2022 considering the Executive Regulations of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations are applicable.
In the UAE, a worker is entitled to almost one day of the weekly holiday. It’s accordingly to Article of the Employment Law, which says – “A worker will be issued at least one paid weekly rest day as mentioned by the Employment agreement or the internal work rules. The weekly rest day specified herein can be enhanced by decision of the cabinet.”
In the event your worker needs you to perform on your weekend, then you are allowed overtime pay depending on the score of working hours. It is accordingly to Article 19 (4) of the Employment Law, which says – “If the work circumstances need that the worker is employed on the day off mentioned in the employment agreement or the inner work rules, then the worker will be paid with a replacement rest day, or be paid his basic salary for his normal hours of work plus a complement of at least 50% of that salary.”
Although, you cannot be eligible for overtime pay if your designation is manager or supervisor. It is accordingly Article 15 (4) (b) of the Cabinet Resolution No. 1 of 2022, which says – “The following classifications will be banned from the provisions on maximum working hours.”
Depending on the aforementioned provisions of law, your recruiter cannot force you to act on your weekly holiday. More, you’re allowed overtime pay and you’re eligible for paid leave depending on the score of hours you act on your weekly off.
In the event your recruiter force you to act on your weekend doesn’t pay your overtime amount for performing on weekly off and doesn’t issue you compensatory leave for performing throughout your weekday off depending on the score of hours of your performance, then you can file an adherence to the Ministry of Human Resources & Emiratization.
Although, if your employment agreement says that the weekly day off is one day each week and you are allocated two days of a weekly day off according to the policy of your boss, then you can have to perform on one of the days of your weekly day off.
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