Dubai: With the UAE issuing an amendment to the Labour Law, Federal Decree-Law No. 33 of 2021 on the regulation of labour relations came into effect from February 2, 2022.
The law, which is applicable to all establishments, employers and workers in the private sector in the UAE, covers various aspects of the work relationship between employers and employees.
What does the new law say about the annual leaves an employee is entitled to? Here are the details.
Article (29) Annual leave
1. Without prejudice to the rights accruing to the worker prior to the entry into force of this Decree-Law, the worker shall be entitled to a paid annual leave of not less than:
a. 30 days a year for each year of service.
b. Two days per month, where the period of service is more than six months and less than one year.
c. A leave for the fractions of the last year of service, in the event of end of his service before the use of his annual leave balance.
2. Part-time worker shall be entitled to an annual leave according to the actual hours spent by the worker in the service of the employer; such period should be determined in the employment contract, as specified by the Executive Regulations of this Decree Law.
3. The employer may agree to grant the worker a leave from his annual leave balance during the Probation Period, and the worker reserves his right to compensation for the outstanding annual leave balance, if he does not successfully complete the Probation Period.
4. The worker shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the worker, or rotate leaves among workers for the smooth progress of work, and shall notify the worker of the date of his leave at least one month before the same.
5. A worker may, with the consent of the Employer and based on the Establishment bylaws, carry over his annual leave balance or days thereof to the next year.
6. The worker shall be entitled to be paid in respect of the period of annual leave.
7. Days off prescribed by law or agreement shall be counted in, and considered as part of the annual leave if they fall within the dates of annual leave, unless the employment contract or the establishment bylaws provide for something more beneficial to the worker.
8. The employer may not prevent the worker from using his accrued annual leave for more than two years, unless the worker wants to carry it over or be paid in lieu of leave according to the establishment bylaws and as specified by the Executive Regulations of this Decree-Law.
9. A worker shall be entitled to be paid for his days of leave if he leaves work before the use thereof, irrespective of the length thereof, for the period for which he did not use his leave. The worker shall be entitled to the leave pay for the fractions of the year in proportion to the period of service, and the same is calculated on the basis of the basic wage.
10. The Executive Regulations of this Decree-Law shall determine the rules and conditions regulating the leaves and payment thereof.