UAE Labour Law Explained: When Commuting Time Is Not Considered Work -- and the Three Exceptions Where It Can Be Counted

The Ministry of Human Resources and Emiratisation (MoHRE) has clarified that, as a general rule, time spent commuting between an employee’s home and workplace is not considered part of official working hours under UAE labour law. However, the ministry outlined three specific exceptions where commuting time may be counted as working hours.

According to an official statement, the first exception applies when employees are travelling in transport provided by their employer during periods of severe or unstable weather. This applies where official warnings or alerts have been issued by the National Centre of Meteorology regarding adverse weather conditions.

The second exception covers situations in which employees are using employer-provided transport that is delayed due to a traffic accident or an emergency vehicle breakdown.

The third exception applies where both the employer and employee have expressly agreed, within the employment contract, that commuting time will be treated as part of the employee’s working hours.

MoHRE also urged private sector companies and establishments to exercise caution during periods of exceptional weather and to implement all necessary occupational health and safety measures to protect workers. Employers were further instructed to comply with directives issued by relevant local authorities in each emirate concerning weather-related disruptions and their impact on business operations.

The ministry reiterated that employers may require employees to work overtime, provided it does not exceed two additional hours per day. Exceptions may be allowed where overtime is necessary to prevent serious loss, avert a dangerous incident, or deal with its consequences. In all cases, total working hours must not exceed 144 hours over any three-week period.

Separately, MOHRE outlined the electronic procedures available through the Tas’heel system for requesting permission to transfer and use a worker from one establishment to another. The process involves submitting an online application, entering the relevant establishment and job offer reference numbers, selecting the appropriate electronic signature card, and completing personal, passport and contact details.

Applicants must ensure that the worker’s passport is valid for at least six months, upload the required documents, review the application, and complete payment electronically to obtain a transaction receipt.

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