If an employee is in a managerial or supervisory position, he or she may not be entitled to any overtime pay.
Question: Can I earn overtime by working more than the normal Ramadan working hours in a mainland company? How does that work?
Answer: In accordance with Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations, the regulations governing overtime during Ramadan in mainland companies apply.
An employee in the UAE is entitled to a reduction of two hours in their regular working hours during the month of Ramadan. This regulation is stated in Article 17(4) of the Employment Law and Article 15(2) of Cabinet Resolution No. 1 of 2022, which specifies that
"The regular working hours shall be reduced by two hours during the holy month of Ramadan."
Additionally, according to Article 19 of the Employment Law:
- Employers can request employees to work additional hours, not exceeding two hours per day, subject to procedures and conditions specified by Executive Regulations. However, the total working hours must not exceed 144 hours in three weeks.
- If work circumstances require employees to work beyond regular hours, it's considered overtime. Employees are entitled to their basic salary for normal hours plus a supplement of at least 25% of that salary.
- If employees work extra hours between 10 pm and 4 am, they should receive their basic salary for normal hours plus a supplement of at least 50% of that salary. This doesn't apply to shift workers.
- If employees work on their designated rest day, they should either receive a substitute rest day or be paid their basic salary for normal hours plus a supplement of at least 50% of the salary.
- Employees cannot be made to work more than two consecutive rest days, except for daily employees.
Moreover, if an employee is in a managerial or supervisory position, he or she may not be entitled to any overtime pay. This is in accordance with Article 15(4) (b) of Cabinet Resolution No. 1 of 2022, which states,
“The following categories shall be exempted from the provisions relating to the maximum working hours”.
b. The persons occupying supervisory positions if such positions vest in them the powers of the employer.”
According to the provisions of the law mentioned earlier, employees may indeed be entitled to overtime payment if they work beyond the specified Ramadan period working hours. However, it's important to note that the decision to assign overtime work ultimately lies with the employer, and they have discretion in this matter.
News Source: Khaleej Times
