Living In UAE

Reader complaint

UAE Labour Law: Can my employer force me to convert my stay at home due to COVID-19 into an annual leave?

Employee’s rights regarding paid annual leave and special COVID-19 provisions for employer

Published: August 16, 2020 18:00 Huda Tabrez, Living in UAE Editor

1 of 15

If you were unable to work during the COVID-19 restrictions and had to stay at home, can your employer convert the stay at home into an annual leave? — If you were unable to work remotely, can your stay at home be converted to an annual leave by your employer? Image Credit: Stock image

2 of 15

A Gulf News reader asked: “In April this year, my boss forced me to collect my annual leave payment as the salary for the month of April, because I was staying at home due to COVID-19 … — A Gulf News reader shared his experience. Image Credit: Stock image

3 of 15

“… Now, in the month of August I have the need to travel because I lost my father. However, my boss said that he will not book my flight ticket because I have collected my leave salary in April … — He was unable to work during the month of April, which was then counted as an annual leave by his employer. Image Credit: Stock image

4 of 15

“… I would like to know if this is according to the UAE Labour Law.” — Can he ask for an annual leave now? Image Credit: Stock image

5 of 15

Gulf News raised the query with Dr Hassan Elhais, legal consultant at Dubai-based Al Rowaad Advocates and Legal Consultancy, who spoke about two legal rules –the UAE Labour Law’s Article 76 as well as the special decree … — Legal advice about the UAE Labour Law from Dr Hassan Elhais. Image Credit: Stock image

6 of 15

… issued by the Ministry of Human Resources and Emiratisation related to COVID-19. — Article 76 of the UAE Labour Law and MOHRE's special decree for COVID-19 cover this aspect of employee-employer relationship. Image Credit: Stock image

7 of 15

Article 76 The employer may determine the date of the commencement of the annual leave, and may divide it if necessary to two or more periods. — Article 76 of the UAE Labour Law Image Credit: Stock image

8 of 15

“Furthermore, Article 2 of the Ministerial Decision No. 279/2020 ‘Regarding the Stability of Employment in Private Sector Companies During the Period of Applying Precautionary Measures to Contain the Spread … — Ministerial Decree No. 279 of 2020 Image Credit: Stock image

9 of 15

of the Novel Coronavirus (Ministerial Regulations)’, companies may take the following measures to deal with the restrictions imposed during the Pandemic. — The decree provided clarity on what employers could do, if they were negative affected by COVID-19. Image Credit: Stock image

10 of 15

Article 2 of the Ministerial Decision No. 279/2020 — Article 2 of the decree provides alternatives for employers looking to reorganise the work structure. Image Credit: Stock image

11 of 15

Steps company can take: 1. Implementing the telecommuting system. 2. Granting him a paid leave. — According to the article, employers can grant the employee a paid leave to deal with the impact of COVID-19 on their business. Image Credit: Stock image

12 of 15

3. Granting him leave without pay. 4. Reducing his wages temporarily during the period referred to. 5. Reducing his wages permanently. — The decree provided a phased approach to dealing with the business impact of the health crisis. Image Credit: Stock image

13 of 15

Based on the two regulations, employer has the right to grant annual leave at his discretion. — The employer has the right to grant annual leave at its discretion. Image Credit: Stock image

14 of 15

Entitlements like annual air tickets are determined based on contract — The provision of air tickets, too, depends on the employment contract. Image Credit: Stock image

15 of 15

If the contract doesn't state so, employer is not obligated to reimburse ticket cost. — Image Credit: Stock image

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.