It's essential to bear in mind that overtime is limited to a maximum of two hours per day, and the cumulative working hours over a three-week period should not surpass 144 hours.
Question: I'm employed at a Dubai-based company. Despite being a senior executive without a managerial position, my workload is exceedingly heavy, requiring me to work at least two extra hours daily. Additionally, I often need to log in from home using my laptop to complete tasks. Is this permissible under the law, and how should I address it?
Response: Presuming you're employed by a mainland company in Dubai, the pertinent regulations are governed by Federal Law No. 33 of 2021 Regulating Employment Relations in the UAE (Employment Law), along with Cabinet Resolution No. 1 of 2022 regarding its implementation.
In the UAE, the standard maximum working hours are eight per day or 48 hours per week, as stipulated by Article 17(1) of the Employment Law.
According to Article 19(1) of the Employment Law, an employer can require an employee to work up to two hours of overtime per day. However, the total overtime hours over three weeks must not exceed 144 hours. The article 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.”
Employees who perform overtime work are entitled to their basic pay plus at least 25 percent of their basic pay as additional compensation. Moreover, if the overtime falls between 10 pm and 4 am, the employee is entitled to their basic pay plus at least 50 percent of their basic pay as additional compensation.
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."
Nevertheless, individuals holding managerial and supervisory roles are exempt from overtime payment, as outlined in Article 15(4)(b) of Cabinet Resolution No. 1 of 2022.
Given the aforementioned legal provisions, you are entitled to receive overtime compensation from your employer for any additional hours worked, despite being a senior executive rather than a manager. If your employer fails to compensate you for overtime, you have the option to file a complaint with the Ministry of Human Resources and Emiratisation against your employer.
News Source: Khaleej Times
