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As the holy Ramadan month is going on, the working hours of employees are reduced by 2 hours to spend more time in offering prayers. Now, interestingly, working at normal hours may allow you to earn overtime payment.
Ramadan is the 9th month of Islamic Lunar Calendar, and it is believed that Quran was revealed to Prophet Muhammad in this very month. Considering the pious nature of this month, the Muslims usually refrain from food, alcohol, smoking, etc from sunrise to sunset.
In the month, the working hours are relaxed, and additional 2 hours are granted to the employees to offer prayer and spend time with family. In this article, we will discuss how you can claim overtime payment by working at your normal hours with the help of our best employment lawyers of UAE.
What are the normal working hours in UAE?
The private sector in UAE is governed by the provisions of Federal Decree No (33) of 2021 (UAE Employment Law). As per Article 17 of the law, the normal working hours in a day shall be 8 hours or collectively. As highlighted by our top employment lawyers of UAE, the working hours are subject to increase or decrease in certain sectors or workers employed in specified sectors.
Since the public sector is not governed by the provisions of labor law, it follows a policy of four and a half working days for its employees. Just like the private sector, it has an 8 hours working day, starting from 7.30 am to 3.30 pm from Monday to Thursday. However, on Friday, the days ends at 12 pm only.
Legal provisions surrounding overtime payment in UAE
As pointed out by our best employment lawyers of UAE, receiving overtime payment is a legally recognized right of an employee. However, this right is not absolute in nature, and can be limited sometimes.
Article 19 of the UAE Employment law deals with the overtime payment. It states that if an employee works exceeding the normal working hours, he shall be entitled to receive remuneration equal to normal working hours pay along with 25% of that pay. More importantly, this pay can be increased to 50%, if the overtime falls between 10 pm to 4 am. However, the employees working in shifts are not entitled for the benefit of this 50% overtime pay.
How to claim overtime in this Ramadan month?
Our best employment lawyers of Dubai have suggested that the benefits of relaxed working hours are available to both Muslims and Non-Muslims. Now, the places, such as hotels, restaurants, and hospitals will require their workers for the normal duration despite the relaxation. In this situation, the employees are legally entitled to receive overtime for those 2 hours on a daily basis. As discussed above, this overtime is calculated on the basis of the gross salary of the employees.
Our best employment lawyers of Dubai have clarified that the benefit of overtime payment is limited to junior level staff. The employees working in the managerial or supervisory capacity are not entitled for the same.
Conclusion
The employee can claim overtime payment by working at normal hours in this Ramadan month owing to the reduced working hours. As suggested by our top employment lawyers, In case your employer refuses to pay overtime remuneration, you can lodge a complaint with the Ministry of Human resources.
BSB legal is a specialized employment law firm of UAE. Our best employment lawyers will assist you in drafting agreements, handling employee grievances, and other legal compliances. To get more information, kindly contact one of our best lawyers in the UAE. You can email us at info@bsb.legal or call +971 5 016 05046 for a quick and authentic legal solution