New annual leave provisions for private sector employees in UAE from February 2
Decree Law No. 33 of 2021 on regulation of labour relations explained
Dubai: The UAE has announced the annual leave provisions for private sector employees and employers, Emirates 24 reported.
According to the Federal Decree Law no. 33 of 2021 concerning the regulation of labor relations (the “New Labour Law”), which shall come into effect as of February 2, private sector employees shall be entitled to a fully paid annual leave of no less than 30 days for each year of their service, and two days for each month, if the period of their service is more than six months and less than a year.
The Decree Law clarified that upon the end of service and before using the annual leave balance, private sector workers shall be entitled to annual leave for the period they spent at work during the last year of service.
As for part-time workers, they shall be entitled to an annual leave according to the actual working hours they spent at work, as specified in the employment contract, and in accordance with the executive regulations of this Decree-Law.
Under this Federal Decree Law, private sector employers have the right to grant their workers leave from the balance of their annual leave during the probation period, with the worker retaining the right to be compensated for the remainder of their annual leave balance, if they pass the probation period.
Employers may also specify the dates of the annual leave in accordance with the requirements of work and in agreement with each worker he/she is going to go on leave. The leave can also be taken in turn among workers to ensure the progress of work, and employers shall accordingly notify each worker of the specified dates before at least one month.
The decree stated that workers have the right to carry their annual leave, or days thereof, forward to the next year. However, this should be done in agreement with the employer and in accordance with the applicable regulations in the facility. Workers shall also be entitled to wages for the remaining period of their annual leave, which is calculated according to the basic salary.
The Federal Decree-Law stated that the annual leave period shall include weekly off-days granted to each employee. However, the employer may not prevent his workers from using their annual leave due for more than two years, unless the worker desires to carry it forward or obtain a cash allowance for it.
Private sector workers shall also be paid for their due leave if they left work before taking it, regardless of its duration. They shall also be entitled to a cash allowance for the days they worked during their annual leave and is calculated according to the basic salary.