In the UAE, the normal working hours per day are eight hours. This is in accordance with Article 17(1) of the Employment Law, which states: “The maximum ordinary working hours shall be (8) eight working hours a day or (48) forty-eight working hours a week.”
According to Ashish Mehta from Ashish Mehta & Associates, who is qualified to practice law in Dubai, however, if an employer calls upon an employee to work for additional hours in a day, it may not be more than two hours a day.
This is in accordance with Article 15(3) of Cabinet Resolution No. 1 of 2022: “The employer may instruct the employee to work overtime over the normal working hours, provided that the overtime does not exceed two hours per day unless the work is necessary to prevent the occurrence of a serious loss or a serious accident or to eliminate or mitigate the effects thereof. In any case, the total working hours shall not exceed 144 hours every three weeks.”
An employee is entitled to overtime pay of an additional 25 per cent of basic pay — based on the hours of overtime work performed by the employee.
This is in accordance with Article 19(2) of the Employment Law, which states: “If the work circumstances require that the employee be employed for hours exceeding the ordinary working hours, such extended time shall be deemed overtime for which the employee shall be paid his basic salary for his normal hours of work plus a supplement of at 25 per cent of that salary.”
If an employee is employed in a managerial or supervisory designation or if an employee is required to work on rare occasions — in case of urgent requirement — then the overtime pay may not apply. This is in accordance with Article 15 (4) (b) and (e) of the Cabinet Resolution No.1 of 2022.
Based on the aforementioned provisions of law, you may be entitled to overtime pay if your employment requires you to work beyond working hours at regular intervals.
However, you may not be entitled to overtime pay if your role with the employer is a supervisor or a team leader even though your designation is a salesman and if your employer calls upon you to complete an urgent assignment — which you were not able to finish during regular working hours due to various reasons. An employer may assign such work only on rare occasions even though the provisions of prevailing employment regulations are silent related to the same.
If you feel that you work for additional hours beyond the regular working hours, you may claim overtime from your employer-provided you have written confirmation from your employer either by email, WhatsApp conversation, or in writing — calling upon you to work after regular working hours.
You may contact the Ministry of Human Resources and Emiratisation for more clarifications. (NewsWire)