Navigating employment regulations is crucial for businesses operating in the United Arab Emirates. The UAE Labour Law, specifically Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, provides a comprehensive framework governing the relationship between employers and employees, including detailed provisions on working hours, overtime, and rest periods. Understanding these rules is essential for ensuring compliance and fostering a fair working environment.
Adhering to the stipulated working time regulations is not only a legal requirement but also contributes to employee well-being and productivity. Employers must be aware of the standard limits on daily and weekly working hours, how overtime is calculated and compensated, and the mandatory entitlements for rest and breaks. Special provisions also apply to specific work arrangements like night shifts and weekend work, requiring careful attention to detail for full compliance.
Standard Working Hours and Workweek
The standard maximum working hours for adult employees in the UAE are eight hours per day or 48 hours per week. These hours may be increased to nine hours per day for employees working in trade, hotels, and restaurants, or for watchmen and similar roles. During the holy month of Ramadan, daily working hours are reduced by two hours for all employees, regardless of whether they are Muslim or not.
The standard workweek in the UAE is typically five days, with Friday and Saturday often observed as the weekend. However, the law allows for flexibility, permitting employers to determine the weekly rest day(s) for their employees, provided it is not less than one day per week. The weekly rest day must be a paid day off.
Overtime Regulations and Compensation
Employees may be required to work additional hours beyond the standard limits, which are considered overtime. The total actual working hours, including overtime, must not exceed 144 hours every three weeks. Overtime work is subject to specific compensation requirements.
Overtime compensation rates are calculated based on the employee's basic wage:
| Time of Overtime Work | Compensation Rate |
|---|---|
| Normal working days (beyond standard hours) | Basic wage plus at least 25% of that wage. |
| Between 10:00 PM and 4:00 AM (for employees working overtime during these hours) | Basic wage plus at least 50% of that wage. |
| Weekly rest day | Basic wage plus at least 50% of that wage. This day cannot be compensated with another rest day unless agreed upon by both parties. |
It is important to note that certain categories of employees, such as those in supervisory or managerial positions, may be exempt from overtime provisions based on the nature of their work and employment contract.
Rest Periods and Breaks
Employees are entitled to mandatory rest periods during the workday to ensure adequate breaks. The law stipulates that working hours should be organized so that no employee works more than five consecutive hours without a break of at least one hour. This break is for rest, prayer, and meals. These break periods are not included in the calculation of actual working hours.
In addition to daily breaks, employees are entitled to a weekly rest day of not less than 24 consecutive hours. This rest day is typically Friday or Saturday but can be determined by the employer.
Night Shift and Weekend Work Regulations
While the standard workweek often includes Friday and Saturday as rest days, the nature of some industries requires work during these times or at night. As mentioned, working on the weekly rest day requires compensation at a rate of at least 50% of the basic wage, in addition to the basic wage for that day.
Working hours between 10:00 PM and 4:00 AM are generally considered night hours. Overtime worked during these hours is compensated at a higher rate (basic wage plus 50%). Specific regulations may apply to certain sectors or types of work involving night shifts, particularly concerning health and safety considerations.
Working Time Recording
Employers in the UAE are obligated to maintain accurate records of their employees' working hours. This includes tracking standard hours worked, overtime hours, and rest periods taken. Maintaining proper records is crucial for demonstrating compliance with the Labour Law, calculating correct wages and overtime pay, and resolving potential disputes regarding working time. These records should be readily available for inspection by the Ministry of Human Resources and Emiratisation (MOHRE).
