Dubai: Can employees claim overtime pay for extra work done at home?
Question: I work in a Dubai-based company. I am a senior executive but not in a managerial post. The amount of work that I have is so intense that I work at least two hours a day extra. Also, I need to log in from home on my laptop to complete my work. Is this legal? And how do I address it?
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Answer: It is assumed that you are employed by a mainland company in Dubai. Therefore, the provisions of Federal Law No. 33 of 2021 Regulating Employment Relations in the UAE (Employment Law) and Cabinet Resolution No. 1 of 2022 on the implementation of the decree are applicable.
In the UAE, the normal maximum working hours are eight per day or 48 hours per week, This is in accordance with Article 17(1) of the Employment Law.
An employer may call on an employee to work for two hours of overtime per day. But the maximum working hours for three weeks may not exceed 144 hours. This is in accordance with Article 19(1) of the Employment Law, which states: “The employer may instruct the employee to work overtime over the normal working hours, provided that they do not exceed two hours per day. The employee may not be instructed to work for more than that period, except under the conditions and rules specified by the Implementing Regulation hereof. In all cases, the total working hours shall not exceed 144 hours every three weeks.”
An employee who performs overtime work is entitled to basic pay and at least 25 per cent of the basic pay as additional compensation. Furthermore, an employee is entitled to basic pay and at least 50 per cent of the basic pay as additional compensation if the employee works overtime between 10pm and 4am.
This is under Article 19(2) and (3) of the Employment Law, which states:
- “If the work conditions necessitate that the employee work for more than the normal working hours, the excess period shall represent overtime, for which the employee shall receive a salary equal to the salary corresponding to the normal working hours, which is calculated according to the basic salary plus an increase of not less than (25%) twenty-five per cent of that salary.”
- “If the work conditions require that the employee work overtime between 10 pm and 4 am, the employee shall be entitled, regarding the overtime, to receive the salary prescribed for the normal working hours calculated according to the basic salary plus an increase of not less than (50%) fifty per cent of that salary.”
However, employees who are in managerial and supervisory positions are not eligible for overtime payment. This is in accordance with Article 15 (4) (b) of the Cabinet Resolution No. 1 of 2022.
Based on the aforementioned provisions of law, you are entitled to overtime payments by your employer for working overtime as you are not in a managerial position even though you are a senior executive with your employer. In the event, that your employer does not pay you for the overtime work, you may consider filing a complaint with the Ministry of Human Resources and Emiratisation against your employer.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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source: khaleejtimes
