Dubai: If you are being asked to work for longer hours during Ramadan, how will the overtime compensation be calculated as per the UAE Labour Law?
According to Mohamed Gamal, Legal Advisor at Kaden Boriss Legal Consultants, Dubai, the only difference in working during Ramadan, is that just the working hours are reduced by two hours.
So, if you work for more than the stipulated number of hours - which is two hours less during Ramadan - you are entitled to overtime pay. The calculation is based on Articles 65, 67 and 68 of the UAE Labour Law.
"According to Article 65 of the Federal Labor Law, which regulates work in the private sector, the maximum normal working hours for adult workers are eight hours per day, or forty eight hours per week. The working hours may be increased to nine hours per day in commercial businesses, hotel business, canteens, guard duties, and other works that may be added by a decision from the Minister," Gamal said.
also read
- Ramadan timings: Do all employees get reduced working hours?
- Dubai work permits and visas in five days! New ‘Work Bundle’ streamlines hiring – here’s how
- Failed your Dubai driving test? Here’s how you can appeal the road test results
- Stop unwanted promotional messages on your phone, with TDRA's guide for UAE residents
"It is also permissible to reduce the daily working hours for work that is exhausting or harmful to health, by a decision of the Minister, and the normal working hours are reduced by two hours during the month of Ramadan," he added.
The normal working hours are reduced by two hours during the month of Ramadan.
However, Gamal confirmed that there is no difference in the way overtime is calculated during Ramadan, as compared to other days of the year.
Overtime calculation
According to Article 67 of the UAE Labour Law, if the worker is required to carry out additional work beyond the regular working hours, "the additional period shall be deemed an overtime for which the worker shall be paid a wage equivalent to the ordinary hourly wage with an addition of at least 25 per cent of the said wage."
Increased Overtime Pay for Night Hours
Article 68 further mentions that if the overtime is done between the hours of 9pm and 4am, the worker shall be entitled to a wage equivalent to the ordinary hourly wage with an addition of at least 50 per cent of the said wage.
Who Isn't Eligible for Overtime Pay?
However, there are certain categories of workers who are not entitled to these provisions of the Labour Law, as stated in Article 72.
The exceptions fall under two categories:
1. Persons occupying high-ranked managerial or supervisory positions, should such positions confer upon the occupants powers of the employer over the workers.
2. Workers constituting the crew of naval vessels, and sea workers who shall enjoy special service conditions due to the nature of their work, with the exception of the port workers engaged in the loading and unloading and related operations
