Some of my colleagues and I are made, on occasion, to take unpaid leave. Management’s explanation for the forced leave is that there is not sufficient paid work available, but this is doubtful. Do we have any legal recourse? Is this legal, please advise?
Under article 75 of the UAE Labour Law, employees are entitled to specified periods of paid annual leave commensurate with their length of service. Under article 76, it is at the employer’s discretion to fix the commencement date of such leave, and this can be split into two periods.
An employer cannot stipulate that an employee takes paid annual leave outside of those provisions, though the employer is entitled to pay an employee to take time off over and above the annual leave entitlement.
Forcing an employee to take unpaid leave is, however, a different story. Assuming this unpaid leave is not related to sick leave, maternity leave or pilgrimage leave, and is simply for the business exigencies of the employer, it is unlawful.
If there is insufficient work, the employer should elect to terminate the staff member/members’ employment in accordance with the labour contract and the Labour Law, and pay any employee entitlements (the balance of their salary, the gratuity and in respect of untaken annual leave) or continue to pay the employees their salaries while the employee is forced to take leave.
If your employer insists on following this approach, you and the employees in question should seek legal advice, and/or contact the Ministry of Labour to register a case.
