UAE: Commute time considered working hours in specific situations, says MOHRE

Abu Dhabi: The Ministry of Human Resources and Emiratisation (MOHRE) has clarified that the time employees in the private sector spend commuting to and from their workplaces can be counted as official working hours under certain conditions.

While, in general, commute time is not included in working hours, there are three specific scenarios where it will be considered part of the employee’s workday.

Bad weather condition

The first scenario is when employees are commuting during adverse weather conditions, such as those flagged by the National Center of Meteorology.

Traffic accident

The second situation occurs when an employee’s transport is delayed due to a traffic accident or an unexpected breakdown, particularly when the employer provides the transport.

Mutual agreement

The third condition is when both the employer and employee explicitly agree, through their employment contract, that commute time will be included as working hours.

These provisions are part of the Cabinet Resolution No. (1) of 2022, which regulates labour relations and working hours.

According to the resolution, commute time is considered part of working hours in cases of adverse weather conditions, delays due to traffic accidents or breakdowns, or when explicitly agreed upon in the employment contract.

It also reduces regular working hours by two hours daily during Ramadan.

Overtime guideline

Regarding the extra working hours (overtime), and according to Article 19 of the above law, the employer may require the worker to work for additional working hours beyond the normal working hours.

This is provided that they do not exceed two hours per day, and he may not be required to work for more than that except in accordance with the conditions and controls specified in the Executive Regulation of this decree by law. In all cases, the total working hours shall not exceed 144 hours every three weeks.

The worker may not be required to work for more than two consecutive rest days, excluding day labourers.

The worker shall receive a wage equal to that corresponding to his normal working hours — calculated according to the basic wage — plus an increase of at least 25 per cent of such wage.