UAE Employment Law: Can Employers Refuse Annual Leave Due to Colleague's Absence?

Are there conditions in which the employee's yearly holiday may be rejected?

Question: Is it legally permissible for my manager to reject my leave request for the summer break in Dubai, citing that a colleague has already been granted leave during the same period? I have already purchased tickets and made other travel arrangements based on my approved leave request.

Answer: Under the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations in the UAE, employers have the authority to determine the timing of annual leave for employees based on operational necessities. Article 29(4) stipulates that employers may schedule annual leave dates in accordance with work requirements, provided they notify employees at least one month in advance and reach mutual agreement.

Furthermore, Article 29(8) mandates that employees must be granted annual leave at least once every two years, unless an employee opts to defer or receive compensation for unused leave. This regulation aims to balance employer flexibility with employee entitlements.

In cases where an employer declines proposed annual leave due to business needs or rotation among staff, employees may seek remedies for incurred losses, such as non-refundable travel expenses, if leave had been previously approved in writing.

The UAE Employment Law does not explicitly address remedies for employees in such scenarios. To mitigate potential financial risks, employees are advised to secure written approval for annual leave before making travel arrangements.

For more details on employment regulations and rights under Federal Decree Law No. 33 of 2021, individuals are encouraged to consult the established legal frameworks and ministerial decrees governing employment relations in the UAE.

News Source: Khaleej Times