أسئلة وأجوبة
Can the employee argue about "unused hours" of annual leave day taken during Ramadan?
Hi Lawyers,
One of our employees took a one-day leave during Ramadan and believes only six hours should be deducted since his working hours during Ramadan are six instead of eight.
He also thinks the remaining two hours should be added to his annual leave balance.
Could you confirm the correct policy or share the relevant article to this?
Thank you
Greetings,
During Ramadan, reduced working hours apply; however, when an employee takes a full day of leave, it is typically counted as a full working day, not based on reduced Ramadan hours.
The UAE Labour Law does not mandate prorating leave days based on shorter working hours during Ramadan.
For a precise legal review of your case and to ensure compliance with UAE Labour Law, we recommend consulting a legal expert. Book a consultation with Future Vision for Advocacy and Legal Consultancy today!
Let us know if you need further assistance.
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Dear R.,
Thank you for your inquiry regarding the employee leave during Ramadan.
Based on UAE labor law, here is the correct procedure:
Reduced Working Hours During Ramadan: Employees are entitled to reduced working hours during Ramadan, typically six hours per day instead of the usual eight hours.
Leave Deduction: If an employee takes a one-day leave during Ramadan, only six hours should be deducted from their salary for that day, as the working hours are reduced during this period.
Annual Leave Balance: The remaining two hours (from the usual eight hours) should not be added to the employee’s annual leave balance, as there is no provision in UAE labor law that allows for the accrual of additional leave due to reduced working hours during Ramadan.
This aligns with Article 65 of the UAE Labor Law, which specifies that the working hours for Muslim employees during Ramadan are reduced to six hours per day.
Please let me know if you need further clarification or if there are any other concerns I can assist with.
Best regards,
Mohammed Salah
Legal Consultant
Hello,
The leave deduction should generally be for six hours instead of the standard eight hours because Ramadan working hours are reduced to six hours.
The remaining two hours (which are the standard working hours that are reduced for Ramadan) should not be added to the annual leave balance.
The two-hour reduction is a benefit provided during Ramadan, and it is not counted as additional leave.
When an employee takes a full day of leave, the deduction is for a full day's entitlement, regardless of the reduced working hours during Ramadan.
The reduced hours are a benefit for those who are working, not for those who take leave.
A full day of leave should be deducted from the employee's leave balance, even if it falls during Ramadan.
The employee's suggestion to add the remaining two hours to their annual leave balance is not supported by UAE labor law or standard company practices.
If you need further clarification you may ask.
Dear Sir/Madam,
Thank you for your inquiry regarding the calculation of leave during Ramadan. I appreciate the opportunity to provide clarity on this matter.
Under the UAE Labour Law, the following principles apply:
1. Leave Deduction: When an employee takes a day off, one full day of leave is deducted from their annual leave balance, regardless of whether working hours are reduced during Ramadan.
The reduction in working hours during Ramadan is a legal provision for employees' well-being and does not alter the method of calculating leave days.
2. Annual Leave Balance: There is no provision in the UAE Labour Law that allows for the remaining hours of a working day (e.g., two hours during Ramadan) to be added back to an employee's annual leave balance. A full day of absence is treated as one full day of leave.
3. Relevant Legal Reference: Article 15 of the UAE Labour Law (Federal Decree-Law No. 33 of 2021) specifies that daily working hours are reduced by two hours during Ramadan, but this reduction does not affect how annual leave is calculated.
Additionally, Article 29 outlines that annual leave is calculated in full days and does not account for partial hours.
4. Leave Salary: The salary for annual leave is calculated based on the employee's full daily rate (basic salary and allowances), irrespective of reduced working hours during Ramadan.
In conclusion, the correct policy would be to deduct one full day from the employee's annual leave balance for the day taken, without adjusting or adding any remaining hours to their leave entitlement.
For further clarification or if you wish to confirm this interpretation with the relevant authorities, I recommend consulting with the Ministry of Human Resources and Emiratisation (MOHRE) or seeking advice from a legal professional specializing in UAE labor law.
Should you require any additional assistance, please do not hesitate to reach out.
Yours sincerely,
ABDUL WAHIED
According to Federal Law No. 33 of 2021 Regulating Labor Relations in the United Arab Emirates, working hours during the month of Ramadan are reduced by two hours per day for all Muslim and non-Muslim employees, whether full-time or part-time.
Therefore, if an employee's normal working hours are 8 hours per day, they are reduced to 6 hours per day during Ramadan.
Regarding vacations, the day an employee takes as vacation is calculated based on a full working day, not the number of actual hours worked per day.
This means that if an employee takes a day off during Ramadan, the full day will be deducted from their annual vacation balance, regardless of the number of reduced hours during the month.
Therefore, the employee is not entitled to claim the remaining two hours added to their annual vacation balance, as vacations are calculated based on days, not reduced hours, during Ramadan.
