Can UAE Employers Require Staff to Work During Annual Leave? What the New Law Says About Your Rights

With laptops and smartphones making employees reachable at all times, many workers in the UAE are increasingly finding it difficult to completely disconnect during annual leave. A common concern among employees is whether an employer can legally require them to work while on vacation, especially when they are asked to remain available for urgent assignments or unexpected tasks.

Under the UAE’s Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which governs private sector employment, annual leave is a protected right granted to employees to ensure rest and recovery. However, the law also recognises that in certain circumstances, work demands may arise even during an employee’s approved leave period.

The law makes it clear that any work performed during annual leave cannot be imposed unilaterally by the employer without the employee’s agreement. In other words, an employer cannot simply compel an employee to remain on active duty or perform tasks while officially on leave, as the legislation does not specifically create an obligation for employees to work during their annual vacation.

At the same time, the law allows flexibility where both parties mutually agree. If an employee voluntarily agrees to attend to work matters during annual leave, the employer must compensate that employee in accordance with the legal provisions governing work on official holidays or rest days.

Article 28(2) of the Employment Law provides that where work circumstances require an employee to work during a holiday, the employer must either grant a substitute day of rest for every day worked or pay the employee their regular wage for that day along with an additional payment of at least 50 per cent of the employee’s basic wage. This means that if an employee agrees to work during annual leave, they may be entitled to extra compensation beyond their normal salary.

This provision has become increasingly relevant in the modern workplace, particularly as remote work arrangements continue to expand. Many employers now expect employees to remain accessible by email or phone even while travelling or taking personal time off. While occasional communication may be common, assigning actual work responsibilities during leave enters a legal grey area unless there is clear consent and proper compensation.

The UAE law also addresses remote working arrangements. Under Article 17(6)(a) of the Employment Law, if an employee chooses to perform work remotely — whether from within or outside the UAE — and the employer consents, the employer may specify the employee’s working hours. This means that if an employee agrees to handle tasks while on annual leave from another location, the employer can define the scope and timing of that work.

Legal experts note that this creates an important distinction between “availability” and “active work”. Simply carrying a laptop or answering an occasional urgent email may not automatically qualify as formal working time unless it involves actual duties or measurable tasks. However, if the employee is expected to complete assignments, attend meetings, or remain regularly engaged, that may trigger the right to additional compensation under the law.

For employees, the key takeaway is that annual leave remains a statutory entitlement meant for uninterrupted rest, and any deviation from that principle should be based on clear mutual understanding. For employers, the law serves as a reminder that operational convenience does not override employee rights, and any request for work during leave should be properly documented and compensated.

As workplace culture evolves and digital connectivity makes it harder to “switch off”, understanding these legal protections is becoming increasingly important for both employers and employees across the UAE.

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