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UAE jobs: Is it legal to make employees work during annual leave?

Question: I work for a mainland company in Dubai and was assigned a project just one month before my leave is due to start. The project will take at least three months to complete, and I am working against a deadline. It is impossible to complete the project if I go on leave. My boss refuses to reassign it to someone else, saying that I can work while on leave if required. What are my legal options in this situation? Can my boss ask me to work while I am on leave? Can I be dismissed for not completing the project if its deadline coincides with my approved leave?

Answer: In the UAE, it is at the discretion of an employer to assign annual leave, generally by mutual agreement with an employee, based on work requirements and the rotation of employees' annual leave within an entity.

This is in accordance with Article 29 (4) of the Employment Law, which states, “The employee shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the employee or rotate leaves among employees for the smooth progress of work, and shall notify the employee of the date of his leave at least one month before the same.”

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An employer may not lawfully terminate an employee solely because a project deadline coincides with an employee’s approved annual leave, particularly where the leave was granted in accordance with the Employment Law. Dismissal in such circumstances may be challenged as an arbitrary or unlawful termination.

In this regard, the provisions of Article 47 of the Employment Law may be referred to. It reads as follows:

“Article (47) Arbitrary dismissal:

1. The dismissal of an employee by his employer shall be arbitrary if the employee submits a serious complaint to the ministry or files an action proven to be valid against the employer.

2. The employer shall pay the employee fair compensation estimated by the competent court, if it is found that the dismissal is arbitrary pursuant to paragraph (1) above.

The amount of compensation shall be determined based on the type of work, the extent of harm sustained by the employee and the length of his service. In any case, the amount of compensation shall not exceed three months’ wage of the employee, calculated based on the last wage received by the employee.

3. The provisions of paragraph (2) above shall not prejudice the right of an employee to the pay in lieu of notice and severance pay due to him under the provisions hereof.”

Based on the aforementioned provisions of law, your employer may not call upon you to work during the annual leave.

However, you and your employer may mutually agree on the terms and conditions for working during your annual leave.

Alternatively, you may also request your employer to reschedule your annual leave upon completion of the proposed project.

Moreover, if you work during annual leave, your employer is obligated to compensate for such days through subsequent annual leave or additional pay.

If you voluntarily agree to work, you may negotiate appropriate compensation in accordance with the Employment Law. In case your employer unilaterally terminates the employment contract, you may claim compensation.

If the claim is upheld, the employer shall pay compensation for arbitrary dismissal, amounting up to three months' salary, based on your last drawn salary. If you face undue pressure or adverse action, you may seek further guidance or file a complaint with the Ministry of Human Resources and Emiratisation.

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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