UAE Labour Law: Employees Must Receive Compensation for Working on Public Holidays
Dubai: Employees in the UAE are entitled to compensation if they are required to work during public holidays, including the upcoming Eid Al Adha break. According to the UAE Labour Law, specifically Federal Decree-Law No. 33 of 2021, private sector workers are guaranteed paid public holidays. If they must work on these days, employers are mandated to provide either additional pay or a compensatory day off.
Compensation for Working on Public Holidays
Legal experts emphasize that if an employee is asked to work on a public holiday, the employer must compensate them in one of two ways:
- Provide another rest day in lieu of the holiday worked.
- Pay the normal daily wage plus at least 50% of the employee’s basic salary for that day.
Rajiv Suri, Senior Associate at Alsuwaidi & Company LLC, stated that this regulation applies to all private sector employees, regardless of their position. He advised that employees should obtain written confirmation—via email or messaging apps—regarding their compensation before working on a holiday.
If an employer fails to comply with these regulations, employees should first approach their human resources (HR) department for clarification or correction. Should the issue remain unresolved, they can escalate the matter to the Ministry of Human Resources and Emiratisation (MOHRE) or file a complaint online. In cases that are still unresolved, employees may refer the matter to the Labour Court of First Instance.
Applicability to Managers and Senior Staff
The entitlement to compensation for working on public holidays extends to all employees, including those in managerial roles, according to Dr. Mohamed Abdulla Al-Mur, Founder and Chairman of Al Mur Law Firm. He noted that Article 28 of the Labour Law does not differentiate between junior and senior positions.
However, Dr. Al-Mur pointed out that some senior managerial or supervisory roles may fall outside overtime frameworks based on their authority and responsibilities. The key factor is whether the individual exercises genuine managerial authority, such as decision-making power on behalf of the employer. Despite this, public holiday compensation remains due unless there is a clear and lawful basis for exclusion.
Steps if Compensation is Not Provided
In instances where an employer does not comply with compensation regulations, employees should initially approach their HR department for clarification. If the issue persists, they can escalate the matter to MOHRE or file a complaint online.
Common Issues Employees Should Be Aware Of
Dr. Al-Mur highlighted several issues that employees should monitor when working during public holidays:
- Ambiguity in Compensation Method: Employees should clarify whether they will receive compensatory leave or additional pay. Disputes often arise when this is not clearly communicated in advance. It is advisable to document the agreed-upon form of compensation beforehand.
- Miscalculation of Entitlement: The law specifies that the additional 50% is calculated based on the basic salary, not total remuneration. This distinction can lead to misunderstandings. Employees are encouraged to retain work instructions, attendance records, and any communications confirming work on a public holiday, as documentation is crucial for enforcement.
- Protection Against Retaliation: The law protects employees from adverse actions for filing legitimate complaints. Termination due to filing a complaint may be considered unlawful, entitling the employee to compensation.
For further details on how to file a complaint, refer to the UAE labour complaint guide available at Emirates 247.
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Published on 2026-05-01 07:47:00 • By the Editorial Desk
