Living In UAE

COVID-19: My employer forced me to work during annual leave. What are my rights?

Reader raises the steps taken by employer and asks if they are within the UAE’s Labour Law

Published: October 14, 2020 17:06 Huda Tabrez, Living in UAE Editor

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Over the past few months, employers in the UAE have taken various steps to mitigate any effect COVID-19 may have had on their businesses. However, what are the measures they are entitled to take within the labour regulations? — What are the steps that your employer can legally take to mitigate the effect on COVID-19 on their business? Image Credit: Stock image

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A Gulf News reader wrote in asking: “When the COVID-19 restrictions started, my employer did the following: Firstly, they cut salaries by 30 per cent, saying this is a temporary measure till September; — A Gulf News reader wrote in sharing the steps his employer had taken. Image Credit: Stock image

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Then they reduced the weekends from two days per week to one day per week; then they forced us to take annual leave during the restrictions and work from home at the same time. They also cancelled all annual leave requests — The reader's employer took a few steps, including sending employees on annual leave. However, employees were asked to continue working from home at the same time. Image Credit: Gulf News archives

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COVID-19: My employer forced me to work during annual leave. What are my rights? — The reader wanted to know if the steps that were taken were within the Labour Law. Image Credit: Gulf News archives

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Gulf News raised the issue with Joanna Matthews-Taylor, Partner, Employment at Baker McKenzie Habib Al Mulla, a UAE-based law firm. — Joanna Matthews-Taylor, Partner, Employment at Baker McKenzie Habib Al Mulla, a UAE-based law firm. Image Credit: Supplied

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She said: “We assume that the reader is employed by a company located onshore and registered with the Ministry of Human Resources and Emiratisation (MOHRE).” — What are the regulations issued by MOHRE? Image Credit: Stock image

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She went on to clarify the aspects of Ministerial Resolution no. 279 of 2020 Regarding the Stability of Employment in Private Sector Companies. — Ministerial Resolution no. 279 of 2020 Regarding the Stability of Employment in Private Sector Companies. Image Credit: Gulf News

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According to Matthews-Taylor, the resolution clearly stated that any salary reduction measures should be mutually agreed upon by the employer and employee. — Image Credit: Stock image

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“Earlier this year, MOHRE issued a resolution designed to help employers navigate difficult employment issues arising in connection with the COVID-19 health crisis. — Image Credit: Gulf News

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“… The resolution permits employers to take certain cost-cutting measures – including the temporary reduction of salaries – with employee consent. — Salary cuts need to be agreed upon by the employer and employee. Image Credit: Gulf News

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If the reader did not provide their consent, the 30 per cent salary reduction would likely be deemed unlawful,” she said. — Image Credit: Gulf News

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“With regards to the increase in working hours or reduction of rest days, although Resolution No. 279 of 2020 did not address this measure directly, implementing such a reduction without consent could potentially be deemed. — Any changes to the work contract taken without an employee's consent can be deemed as a breach of contract. Image Credit: Gulf News

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However, the employment contract would require to be reviewed before making a final determination. — Image Credit: Stock image

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Granting employees paid and unpaid leave are stipulated in the Resolution as steps employers can take gradually, if their business has been impacted by COVID-19. — Forcing employees to take annual leave during lockdown Image Credit: Stock image

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“While employers are permitted to specify dates that must be taken as annual leave – provided that the leave is not split into more than two tranches. — Annual leave dates can be determined by the employer, according to UAE Labour Law. Image Credit: Gulf News

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“If an employee is thereafter instructed to work as normal during their holiday the employee should have the leave days re-credited to his or her account balance.” — If you work from home during your annual leave, you would need to re-credit the leave to your account. Image Credit: Gulf News

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An employer has the discretion to specify the dates on which annual leave may be taken and, therefore, is not obliged to approve annual leave requests. — Annual leave requests Image Credit: Gulf News

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Seeking help from MOHRE - MOHRE has a support centre which helps UAE’s workers better understand their rights and responsibilities under the UAE Labour Law. — You can reach out to the Ministry to raise any complaints or grievances by visiting mohre.gov.ae website or through their 24x7 hotline – 800 60. Image Credit: Gulf News

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