Labour Law lays out compensation for overtime work

I think my boss may be breaking the law but I want to double check before I make a proper complaint. I work in an office and am being made to work very long hours. I start at 8am and usually don’t finish until after 7pm. I don’t get any overtime pay. I ha

The maximum number of working hours is set out in UAE Labour Law in Article 65, which states: “The maximum number of ordinary working hours for adult workers shall be eight hours per day, or 40 hours per week. The number of hours may be increased to nine hours per day for people employed in trade, hotels, cafeterias, security and other jobs whose addition may be made by virtue of a decision from the Minister of Labour”. For someone in an office, the maximum is therefore eight hours per standard working day. The law states that an individual may work up to two additional hours per working day, per Article 69, but should be compensated for this. For additional hours worked up to 9pm, the employee should be “paid a wage equivalent to the ordinary hourly wage with an addition of at least 25 per cent of the said wage” in accordance with Article 67. If the employer breaks the law in this way a complaint can be registered with the Ministry of Human Resources & Emiratisation.

My wife has been offered a job and the company asked her to come and work on a tourist visa until they get the work visa for her. We told them it is totally illegal to work on a tourist visa based on information we found online but they said they have a letter from a ministry allowing her to work until her work visa is sorted. That letter is in Arabic and it says the ministry has received the request for that employee but that the school needs to submit all the required documents within 30 days before they get approval. So, is there a clause in the Labour Law that allows an employer to ask an employee to work on a tourist visa under specific conditions? Or is it totally illegal? BF, Sharjah It is illegal for anyone on a tourist visa to work in the UAE unless the employer has made a formal application for a visa and it is being processed. The application should be made by the time a person starts work but there is a grace period of up to 60 days for the process to be completed. Note that this does not mean the employer can delay before applying as records can easily be checked and the process should only take a couple of weeks in most cases. There is no such thing as a letter of exemption but the school might mean that they have made an application and have confirmation of this. Both the employer and the employee can be fined if someone works without a visa or an application in process, and the individual also runs the risk of deportation.

I have a query about changing jobs. Since May I have worked as a clerk, so I have been there for nearly eight months. I now want to change job but I have a two-year limited contract. Can I change without getting a ban or any other penalty? I am a graduate and I want to do something that pays better. MA, Abu Dhabi Under the rules that came into effect on January 1 this year in Ministerial Decree 765 of 2015, it is far easier for people to change jobs without getting a ban than it was previously, although there are still a few restrictions. In most cases, provided a person has completed a full six months of employment, they can leave without a ban subject to certain conditions. When someone is on a limited contract they can leave without a ban if they a) complete the contract, or b) there is “termination for cause” per Article 20 of Labour Law, or c) termination by either party with appropriate notice and adherence to the usual formalities. Provided MA gives formal written notice in accordance with his contract he will not receive a ban.

For breaking a fixed-term contract, however, he will have a penalty to pay. In accordance with Article 116 of UAE Labour Law: “The worker shall be bound to compensate the employer for the loss incurred thereto by reason of the rescission of the contract, provided that the amount of compensation does not exceed the wage of half a month for the period of three months, or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.” Keren Bobker is an independent financial adviser and Senior Partner with Holborn Assets in Dubai, with over 20 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @ FinancialUAE.