Dubai: If you are working in the UAE, you may have questions regarding how many annual leaves you are entitled to in a year, whether you can split the annual leave quota in shorter leaves taken through the year and whether your employer can determine when you can take time off.
If you have been confused about the laws regarding annual leaves in the UAE, here is all you need to know.
On July 11, the Ministry of Human Resources and Emiratisation (MOHRE) took to its social media accounts to inform UAE-based employees on how many leaves they are entitled to after a year at their job.
Duration of the annual leave
Employees are entitled to an annual leave of:
- Two days per month, if they have completed six months of service, but not one year
- 30 days, if they have completed one year of service.
The calculation of the duration of annual leave will include official holidays specified by law or by agreement and any other leaves caused by sickness if they fall within the annual leave. This means that if a national holiday falls during your annual leave, it will be included within your annual leave.
What salary would I get during my annual leave?
If the worker is requested to work during his total annual leave or a part of it and the leave is not carried forward to the next year, the employer must pay him his regular salary, in addition to a leave allowance, which is equal to his basic wage only.
In all cases, the worker may not be required to work during the annual leave for more than once within two consecutive years.
Who decides when the annual leave starts and ends?
This is the employer’s prerogative, according to the UAE Labour law. The employer may determine the date of the commencement of the annual leave and may divide it into two or more periods. The division does not apply on leaves pertaining to minors, who may be working as part of special permits issued by MOHRE.
When do I get the salary – before or after the annual leave?
The employer must pay the worker’s salary for annual leave before it is taken.
Accrued annual leave – what happens if I leave the job?
If the worker is dismissed or he resigns, he is entitled to his salary for any annual leave he did not use.
What the law says
Article 75 to 80 of the UAE Labour law specify the regulations surrounding annual leave for employees.
Article 75
The worker shall be entitled during every year of service an annual leave of no less than the following periods:
a - Two days for each month should the period of service of the worker be of six months at least and a year at most.
b - Thirty days for each year should the period of service of the worker exceed one year. Should the service of the worker be terminated, the worker shall be entitled to an annual leave for the fractions of the last year.
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. The division provision shall not apply to the leave of youths.
Article 77
As amended by Federal Law no. 12 dated 29/10/1986:
The holidays set by law or by agreement, or any other leaves caused by illness should it occur during such holiday shall be included in the annual leave and deemed a part thereof.
Article 78
As amended by Federal Law no. 12 dated 29/10/198:
Should the work circumstances require that the worker work during his total annual leave or a part thereof, and should the leave during which the worker worked is not carried forward to the next year, the employer must pay the worker the wage thereof, in addition to a leave allowance for the days of work , equal to his basic wage. In all cases, the worker may not be required to work during the annual leave for more than once within two consecutive years.
Article 79
The worker shall be entitled to receive the any sums for accrued annual leave days should he be dismissed or should he leave work after the duly determined notice period. Such payment shall be calculated on the basis of the wages paid to the worker at the time of such leave.
Article 80
The employer shall pay to the employee, prior to the annual leave thereof , the entire wage due thereto in addition to the leave pay determined by virtue of the provisions hereof.
- Information courtesy government.ae
