Question: I work for a company in mainland UAE and follow the required 9.5-hour workday. Am I obligated to be 'on call' after hours? There have been several instances where I’ve been required to log in and work from home after regular hours. Is this practice legal?
Answer: In the UAE, the maximum working hours for an employee are limited to 8 hours per day or 48 hours per week, as outlined in Article 17(1) of Federal Decree Law No. 33 of 2021 on Employment Relations. If an employee works beyond these regular hours, the extra time is considered overtime. According to Article 19(2) of the Employment Law, overtime work must be compensated with additional pay, at a minimum of 25% more than the employee's regular salary.
If overtime work occurs between 10 p.m. and 4 a.m., the employee is entitled to at least a 50% increase in pay, as stated in Article 19(3) of the Employment Law. However, this provision does not apply to employees working in shifts.
Moreover, if an employer requires an employee to work more than 8 hours per day without overtime pay, it could be deemed as forced labor, which is prohibited under Article 14(1) of the Employment Law. The law states that employers cannot compel employees to work against their will or under threat of penalty.
In your case, if you are required to work beyond the allowable working hours without proper overtime compensation, you are entitled to additional payment. You can discuss this matter with your employer and request overtime compensation. If you are unable to resolve the issue directly with your employer, you may approach the Ministry of Human Resources and Emiratisation (MoHRE) for further assistance.
News Source: Khaleej Times
