Living In UAE

COVID-19: My employer forced me to work during annual leave. What are my rights?

Reader raises the steps taken by employer and asks if they are within the UAE’s Labour Law

Published: October 14, 2020 17:06 Huda Tabrez, Living in UAE Editor

1 of 18

Over the past few months, employers in the UAE have taken various steps to mitigate any effect COVID-19 may have had on their businesses. However, what are the measures they are entitled to take within the labour regulations? — What are the steps that your employer can legally take to mitigate the effect on COVID-19 on their business? Image Credit: Stock image

2 of 18

A Gulf News reader wrote in asking: “When the COVID-19 restrictions started, my employer did the following: Firstly, they cut salaries by 30 per cent, saying this is a temporary measure till September; — A Gulf News reader wrote in sharing the steps his employer had taken. Image Credit: Stock image

3 of 18

Then they reduced the weekends from two days per week to one day per week; then they forced us to take annual leave during the restrictions and work from home at the same time. They also cancelled all annual leave requests — The reader's employer took a few steps, including sending employees on annual leave. However, employees were asked to continue working from home at the same time. Image Credit: Gulf News archives

4 of 18

COVID-19: My employer forced me to work during annual leave. What are my rights? — The reader wanted to know if the steps that were taken were within the Labour Law. Image Credit: Gulf News archives

5 of 18

Gulf News raised the issue with Joanna Matthews-Taylor, Partner, Employment at Baker McKenzie Habib Al Mulla, a UAE-based law firm. — Joanna Matthews-Taylor, Partner, Employment at Baker McKenzie Habib Al Mulla, a UAE-based law firm. Image Credit: Supplied

6 of 18

She said: “We assume that the reader is employed by a company located onshore and registered with the Ministry of Human Resources and Emiratisation (MOHRE).” — What are the regulations issued by MOHRE? Image Credit: Stock image

7 of 18

She went on to clarify the aspects of Ministerial Resolution no. 279 of 2020 Regarding the Stability of Employment in Private Sector Companies. — Ministerial Resolution no. 279 of 2020 Regarding the Stability of Employment in Private Sector Companies. Image Credit: Gulf News

8 of 18

According to Matthews-Taylor, the resolution clearly stated that any salary reduction measures should be mutually agreed upon by the employer and employee. — Image Credit: Stock image

9 of 18

“Earlier this year, MOHRE issued a resolution designed to help employers navigate difficult employment issues arising in connection with the COVID-19 health crisis. — Image Credit: Gulf News

10 of 18

“… The resolution permits employers to take certain cost-cutting measures – including the temporary reduction of salaries – with employee consent. — Salary cuts need to be agreed upon by the employer and employee. Image Credit: Gulf News

11 of 18

If the reader did not provide their consent, the 30 per cent salary reduction would likely be deemed unlawful,” she said. — Image Credit: Gulf News

12 of 18

“With regards to the increase in working hours or reduction of rest days, although Resolution No. 279 of 2020 did not address this measure directly, implementing such a reduction without consent could potentially be deemed. — Any changes to the work contract taken without an employee's consent can be deemed as a breach of contract. Image Credit: Gulf News

13 of 18

However, the employment contract would require to be reviewed before making a final determination. — Image Credit: Stock image

14 of 18

Granting employees paid and unpaid leave are stipulated in the Resolution as steps employers can take gradually, if their business has been impacted by COVID-19. — Forcing employees to take annual leave during lockdown Image Credit: Stock image

15 of 18

“While employers are permitted to specify dates that must be taken as annual leave – provided that the leave is not split into more than two tranches. — Annual leave dates can be determined by the employer, according to UAE Labour Law. Image Credit: Gulf News

16 of 18

“If an employee is thereafter instructed to work as normal during their holiday the employee should have the leave days re-credited to his or her account balance.” — If you work from home during your annual leave, you would need to re-credit the leave to your account. Image Credit: Gulf News

17 of 18

An employer has the discretion to specify the dates on which annual leave may be taken and, therefore, is not obliged to approve annual leave requests. — Annual leave requests Image Credit: Gulf News

18 of 18

Seeking help from MOHRE - MOHRE has a support centre which helps UAE’s workers better understand their rights and responsibilities under the UAE Labour Law. — You can reach out to the Ministry to raise any complaints or grievances by visiting mohre.gov.ae website or through their 24x7 hotline – 800 60. Image Credit: Gulf News

Browse by Categories

This website stores cookies on your computer. These cookies are used to improve your experience and provide more personalized service to you. Both on your website and other media. To find out more about the cookies and data we use, please check out our Privacy Policy.