Recall that overtime caps at two hours each day and that a three-week maximum of 144 hours may be worked
With the rise of remote work arrangements, a question lingers for many Dubai-based employees: am I entitled to overtime pay for extra hours logged at home? This issue becomes particularly relevant for senior executives who, despite not holding managerial positions, often face heavy workloads requiring extended working hours.
A Local Executive's Case:
A senior executive, working for a Dubai-based company but not in a managerial role, finds themself regularly exceeding their daily work hours by at least two hours. This additional work necessitates logging in from home on their personal laptop to complete tasks. The employee seeks clarification on the legality of this situation and how to address it.
Legal Framework and Employee Rights:
Assuming this individual works for a mainland company in Dubai, Federal Law No. 33 of 2021 (Employment Law) and its implementing Cabinet Resolution No. 1 of 2022 govern the situation. The UAE mandates a standard workweek of 48 hours, with a maximum of eight hours per day (Article 17(1) of the Employment Law).
However, employers can request employees to work overtime for up to two hours daily, with a cap of 144 hours within a three-week period (Article 19(1) of the Employment Law). This ensures a healthy work-life balance and prevents excessive work hours.
Overtime Compensation:
Employees performing overtime work are entitled to not just their base salary but also additional compensation. This includes a minimum 25% increase on their base pay for overtime hours, and a minimum 50% increase if working between 10 pm and 4 am (Article 19(2) & (3) of the Employment Law).
Managerial Exemption:
It's important to note that employees in managerial and supervisory positions are not eligible for overtime pay (Article 15 (4) (b) of Cabinet Resolution No. 1 of 2022).
The Verdict:
In this specific case, the senior executive, despite their seniority, is not considered managerial and therefore qualifies for overtime pay for the extra hours worked remotely.
Employee Options:
If the employer fails to compensate for overtime work, the employee can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
Moving Forward:
This case highlights the need for clear communication between employers and employees regarding remote work expectations and overtime compensation, especially for senior executives who may face demanding workloads. By adhering to UAE labor laws, companies can ensure a fair and balanced work environment for all.
