Employees across the United Arab Emirates regularly face requests to remain reachable, answer emails or handle tasks while officially on annual leave. Legal texts and ministry guidance make clear that approved annual leave is a paid entitlement and not a working period.
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Law and entitlements
Federal Decree-Law No. 33 of 2021 (and its executive regulations) sets the annual-leave entitlements for private-sector workers:
- 30 calendar days of fully paid annual leave after one year of service.
- Two days per month if service exceeds six months but is less than one year.
- Wages for the leave must be paid in advance and unused leave is payable on termination.
The ministry’s awareness materials reiterate that annual leave is a statutory right and outline employers’ administrative responsibilities when granting and scheduling leave.
Approved leave: not a working period
Once annual leave is approved and commences, the period is intended for rest and personal time. Legal commentary and media coverage state that employers cannot treat approved leave as a period in which employees remain obligated to perform duties or be on call. If an employee performs substantive work during leave, those days should not be treated as annual leave or must be corrected by compensatory leave or pay.
Employer rights when scheduling leave
Employers retain operational rights to schedule and coordinate leave in line with business needs, provided such scheduling respects statutory entitlements.
- Employers may propose leave dates and ask staff to take leave at specific times for operational reasons.
- Rescheduling of approved leave should follow mutual agreement and reasonable notice; employers cannot unilaterally convert approved leave into working days without agreement.
Employee protections and remedies
Legal guidance and ministry resources emphasise protections available to employees:
- Employees are entitled to receive leave pay in advance for the leave period.
- If required to work during approved leave and no agreement or compensation exists, employees may raise the matter with their employer and, if unresolved, submit a complaint to the Ministry of Human Resources & Emiratisation.
Labour rulings view dismissal or punitive action taken because an employee refuses to work during approved leave as contestable; termination on such grounds can be challenged as unlawful dismissal.
When work occurs during leave
Where work is performed while leave is supposed to be in effect, the following consequences and administrative steps are signalled by legal practice and guidance:
- The period during which work was actually performed should not be recorded as annual leave, or the employer must compensate the employee (either by restoring leave days or providing additional pay).
- Employers and employees should document any agreement if the employee consents to perform limited tasks while on leave; without documented consent, the presumption is that the person was on leave.
Dispute handling
Employees who consider their rights breached may use the ministry’s complaint channels. The ministry’s resources describe the process employers and employees must follow to resolve labour disputes, including leave-related grievances, and outline timelines for filing claims under the Decree-Law.
