The working Hours
In accordance with the U.A.E Federal Law No. 8 of 1980
Each and every employee must be aware of his/her exact working hours and this awareness shall be in accordance with the provisions of the law governs the employee`s, knowing the legal will help the employee to be more productive as the employee will be working in a suitable environment that will support him/her to be more successful and that will increase his eagerness to work as the employee will be having his / her full rights.
Some employers are taking advantages of the employees who are not fully aware of the law by adding extra hours to their original without paying them an overtime and… etc. our mission here is to help the employees to understand their rights.
We will present some questions that will help the employee to understand everything related.
Q No. (1) what is the maximum daily working hours?
The maximum daily is eight hours and 48 hours per week in some circumstances it can be 9 hours. The change can be made by the Minister of Labor and Social Affairs, As states in Article 65: “The maximum normal for adult workers shall be eight hours in the day, 48 hours in the week.
They may be increased to nine hours a day in commercial establishments, hotels, cafeterias, security services and such other businesses as may be added by resolution of the Minister of Labor and Social Affairs. The daily working hours may be reduced by resolution of the Minister of Labor and Social Affairs, in the case of arduous or health-hazardous work.
Two during the month of Ramadan shall reduce the normal working hours. The periods spent by a worker in traveling between his home and place of work shall not be included in his working hours law “.
Q No. (2): what is the regulations of the working hours?
The employee shall not work for more than five successive hours, there should be a break for rest, praying and that break shall not exceed one hour. However there is an exception mentioned in the Article No. 66 for the night shift employees which states that:
” The daily working hours shall be so regulated that no worker shall work for more than five successive hours without breaks – for rest, meals and prayer- amounting in aggregate to not less than one hour. Such breaks shall not be included as part of the working hours
However, in factories and workshops where work is organised in the form of successive day and night shifts, and in processes where work has to continue uninterrupted for technical and economic reasons, the manner in which breaks for rest, meals and prayer are to be granted shall be specified in a resolution by the Minister”
Q No. (3) Can the daily working hours be amended?
Yes the working hours can be amended as per the work needs and the extra hours shall be treated as “overtime” and it will be paid by the employer to the employees in accordance with the percentage mentioned in the Article No. 67 which states: “Where the work circumstances require a worker to work more than the normal number of hours, any period worked in excess shall be treated as overtime, for which the worker shall receive the wage stipulated for his normal working hours, plus a supplement of at least 25 per cent of that wage”.
Q No. (4) what is the overtime and does it make a difference if it was at day or night?
The Overtime is the extra hours that the employee spends at the establishment of his work after exceeding his daily working hours law .
If the employee stayed after his working hours between 9:00 P:M to 4:00 A.M. he shall be entitled to percentage mentioned in Article No. 68 which states:
“Where the work circumstances require a worker to work overtime between 9 p.m. and 4 a.m. he shall be entitled in respect of such overtime to the wage stipulated for his normal working hours, plus a supplement of at least 50 per cent of that wage”.
Q No. (5) what is the maximum hours of the overtime?
The overtime shall not exceed two hours. However, if the work needs are urgently require more than two hours it can be acceptable. As states in Article No. 69: “The number of hours of actual overtime shall not exceed two a day, unless such work is essential for preventing a substantial loss or a serious accident, or eliminating or alleviating the impact of the latter”.
Q No. (6) when is the weekly rest day?
The weekly rest day is Friday as states in Article No. 70: “Friday shall be the normal weekly rest day for all workers except the daily-paid. Where a worker has to be put on duty on that day, he shall be compensated with a substitute rest day or be paid his basic wage for his normal hours of work plus a supplement of at least 50 per cent of that wage”
Q No. (7) is the normal employee is required to work without having the weekly rest day?
Only the daily- paid employee shall be required to work for more than two successive Fridays as states in Article No. 71: “No worker other than a daily-paid shall be required to work more than two successive Fridays”
Q No. (8) are these provisions abdicable to all the workers categories?
There are exceptions to the aforementioned provisions as states in Article No. 72:” The provisions of this Section shall not apply to the following categories: 1. Persons holding senior executive managerial or supervisory positions, if such positions confer upon the incumbents the powers of an employer over workers. The categories in question shall be specified by resolution of the Minister of Labor and Social Affairs.
2. Crew of marine vessels and seamen who serve under special conditions of service on account of the nature of their work, with the exception of port workers engaged in stevedoring and related operations”.
Q No. (9) should the employees working hours to be announced to everyone?
Yes, as the employer should announce the daily working hours for all the working categories as well as the weekly rest day to be known to everyone through the manner stipulated by the law as states in Article No. 73:”The employer shall post up at the main entrances used by the workers, and in a conspicuous position at the workplace, a timetable showing the weekly day off, hours of work and rest periods applicable to all classes of workers. A copy of this timetable shall be filed with the competent labour department.
Where the work place is not observing the statutory weekly day off, the employer shall post up at the places referred to in the preceding paragraph a timetable showing the weekly rest day for each class of workers “