UAE: Employee Breaks During Work Hours

UAE: Employee Breaks During Work Hours - What the Law Says

A reader has inquired about the legal provisions for taking breaks during work hours in the UAE. The question stems from concerns that their mainland UAE employer expects the full 9.5-hour shift to be used productively, leaving little room for breaks.

Legal Provisions on Breaks

According to UAE Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (the “Employment Law”), employees are entitled to breaks during their work hours.

• Mandatory Breaks: Article 18 of the Employment Law states that employees may not work for more than five (5) consecutive hours without a break. The aggregate break time must not be less than one hour. These breaks are not included in the calculation of working hours.

• Shift-Specific Regulations: Break schedules can vary based on the nature of the job or shift requirements, as specified in the manpower classification under the law’s Executive Regulations.

Maximum Working Hours

• Daily and Weekly Limits: Article 17(1) of the Employment Law caps normal working hours at eight (8) hours per day or 48 hours per week.

• Overtime Rules: If an employee is required to work beyond eight hours in a day, the employer must compensate them for the additional time as overtime.

Prohibition Against Forced Labour

• Employment by Force: Article 14(1) of the Employment Law prohibits employers from forcing or coercing employees to work against their will or under the threat of penalties.

Your Rights as an Employee

Based on these legal provisions:

1. Break Entitlement: Employees must have a total of one hour of break time during their workday, which can be split into smaller intervals to maintain productivity.

2. Work Hour Limits: Employers cannot require employees to work more than eight hours per day or 48 hours per week without overtime pay.

3. Complaint Resolution: If an employer disregards these regulations, employees have the right to file a complaint with the Ministry of Human Resources and Emiratisation.

You may inform your employer about these legal provisions and suggest a break schedule that supports your efficiency without disrupting work. If your concerns are not addressed, filing a formal complaint is a legal recourse available to you.

 

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels