Living In UAE

Reader complaint

UAE Labour Law: Can my employer force me to convert my stay at home due to COVID-19 into an annual leave?

Employee’s rights regarding paid annual leave and special COVID-19 provisions for employer

Published: August 16, 2020 18:00 Huda Tabrez, Living in UAE Editor

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If you were unable to work during the COVID-19 restrictions and had to stay at home, can your employer convert the stay at home into an annual leave? — If you were unable to work remotely, can your stay at home be converted to an annual leave by your employer? Image Credit: Stock image

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A Gulf News reader asked: “In April this year, my boss forced me to collect my annual leave payment as the salary for the month of April, because I was staying at home due to COVID-19 … — A Gulf News reader shared his experience. Image Credit: Stock image

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“… Now, in the month of August I have the need to travel because I lost my father. However, my boss said that he will not book my flight ticket because I have collected my leave salary in April … — He was unable to work during the month of April, which was then counted as an annual leave by his employer. Image Credit: Stock image

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“… I would like to know if this is according to the UAE Labour Law.” — Can he ask for an annual leave now? Image Credit: Stock image

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Gulf News raised the query with Dr Hassan Elhais, legal consultant at Dubai-based Al Rowaad Advocates and Legal Consultancy, who spoke about two legal rules –the UAE Labour Law’s Article 76 as well as the special decree … — Legal advice about the UAE Labour Law from Dr Hassan Elhais. Image Credit: Stock image

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… issued by the Ministry of Human Resources and Emiratisation related to COVID-19. — Article 76 of the UAE Labour Law and MOHRE's special decree for COVID-19 cover this aspect of employee-employer relationship. Image Credit: Stock image

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Article 76 The employer may determine the date of the commencement of the annual leave, and may divide it if necessary to two or more periods. — Article 76 of the UAE Labour Law Image Credit: Stock image

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“Furthermore, Article 2 of the Ministerial Decision No. 279/2020 ‘Regarding the Stability of Employment in Private Sector Companies During the Period of Applying Precautionary Measures to Contain the Spread … — Ministerial Decree No. 279 of 2020 Image Credit: Stock image

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of the Novel Coronavirus (Ministerial Regulations)’, companies may take the following measures to deal with the restrictions imposed during the Pandemic. — The decree provided clarity on what employers could do, if they were negative affected by COVID-19. Image Credit: Stock image

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Article 2 of the Ministerial Decision No. 279/2020 — Article 2 of the decree provides alternatives for employers looking to reorganise the work structure. Image Credit: Stock image

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Steps company can take: 1. Implementing the telecommuting system. 2. Granting him a paid leave. — According to the article, employers can grant the employee a paid leave to deal with the impact of COVID-19 on their business. Image Credit: Stock image

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3. Granting him leave without pay. 4. Reducing his wages temporarily during the period referred to. 5. Reducing his wages permanently. — The decree provided a phased approach to dealing with the business impact of the health crisis. Image Credit: Stock image

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Based on the two regulations, employer has the right to grant annual leave at his discretion. — The employer has the right to grant annual leave at its discretion. Image Credit: Stock image

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Entitlements like annual air tickets are determined based on contract — The provision of air tickets, too, depends on the employment contract. Image Credit: Stock image

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If the contract doesn't state so, employer is not obligated to reimburse ticket cost. — Image Credit: Stock image

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