Working Beyond Contracted Hours: What UAE Labour Law Says About Overtime Pay And Proving Extra Work

Employees in the UAE private sector who work beyond their normal working hours may be entitled to overtime pay, subject to the limits and conditions set out in the UAE Labour Law.

 

Under Federal Decree-Law No. 33 of 2021, as amended, normal working hours are generally limited to eight hours a day or 48 hours a week. The law also allows employers to require workers to work overtime, subject to specified limits. Article 19 provides that overtime should generally not exceed two hours a day, while total working hours must not exceed 144 hours over three weeks.

 

This means that an employer cannot simply treat additional working time as part of an employee's normal duties and refuse payment merely because the extra hours were not covered by a separate written agreement.

 

Where working conditions require an employee to work beyond normal hours, the additional period is treated as overtime and is subject to statutory compensation.

 

How Overtime Pay Is Calculated

 

Article 19 provides that overtime must be paid at the employee's normal hourly wage calculated on the basis of the basic wage, together with an increase of at least 25 per cent.

 

A higher rate applies in certain circumstances. Where overtime is performed between 10pm and 4am, the worker is generally entitled to the normal hourly wage calculated on the basic wage plus an increase of at least 50 per cent. Employees working according to shifts are excluded from this particular provision.

 

The law also provides separate compensation where an employee is required to work on the weekly rest day specified in the employment contract or work regulations. Depending on the circumstances, the worker must receive another day off or payment based on the normal working-day wage plus an increase of at least 50 per cent of the basic wage.

 

These provisions are important because overtime is not simply a matter of whether an employer and employee signed a separate document before the additional work was performed. The legal question can also involve whether the additional hours were actually worked and whether they were performed at the employer's request or with the employer's knowledge and approval.

 

A Contract Does Not Automatically Remove Overtime Rights

 

An employee may have a contractual working schedule that differs from the general statutory maximum, depending on the nature of the employment and applicable legal provisions. Certain categories and working arrangements are subject to specific rules under the implementing regulations.

 

For example, an employee may have agreed to work nine hours a day under an employment arrangement. If the employer subsequently requires the employee to work an additional hour beyond the applicable normal working hours, the employee may have a claim for overtime, provided the statutory conditions are satisfied.

 

The fact that the employer did not sign a separate overtime agreement does not, by itself, determine whether the additional hours qualify for compensation. What can become decisive in a dispute is evidence showing that the employer required, authorised or knowingly permitted the employee to work those additional hours.

 

Proof Can Become Critical In An Overtime Dispute

 

An employee seeking payment for overtime should therefore preserve evidence showing both that the additional work was performed and that it was connected to the employer's instructions or approval.

 

Useful evidence can include WhatsApp messages, text messages, emails and other written communications in which the employer asks the employee to remain at work or acknowledges the additional hours. Work schedules, attendance records, electronic clock-in and clock-out records, timesheets, duty rosters, assignments and other workplace records can also help establish the claim.

 

The evidence does not necessarily have to take the form of a formal overtime agreement. Electronic communications and employment records may become important when determining whether additional hours were actually worked and whether the employer knew about them.

 

Employees should therefore keep copies of relevant communications and records rather than relying solely on verbal assurances. This can be particularly important where an employer later disputes that overtime was requested or performed.

 

What Employees Can Do About Unpaid Overtime

 

An employee who believes overtime wages remain unpaid can raise a labour complaint with the Ministry of Human Resources and Emiratisation (MOHRE), where the employment relationship falls within its jurisdiction.

 

The complaint process allows the ministry to examine the dispute and seek an amicable settlement. MoHRE's current procedure provides that, where a settlement cannot be reached, the ministry may issue a final decision for individual labour claims not exceeding Dh50,000. Claims exceeding Dh50,000 that cannot be settled amicably are referred to the competent court.

 

The ministry's procedure also provides for the examination of the documents and information submitted by the parties. This makes documentary evidence particularly important in an overtime dispute.

 

An employee should therefore set out the period during which the overtime was performed, the normal working hours, the additional hours worked, the circumstances in which the employer required or permitted the additional work, and the amount claimed.

 

What The Law Means For Employers And Workers

 

The UAE's overtime provisions establish a framework under which employers can require additional working hours within defined limits while protecting workers' entitlement to compensation for qualifying overtime.

 

For employees, the absence of a separate written overtime agreement should not automatically be treated as the end of a claim. At the same time, a claim for overtime cannot rest solely on an assertion that extra hours were worked. Evidence connecting those hours to the employer's request, knowledge or approval can be central to the outcome.

 

Workers who regularly perform additional hours should maintain accurate records of their schedules and preserve written or electronic instructions from their employers. Employers, meanwhile, should maintain reliable attendance and working-hour records and ensure that overtime arrangements and payments comply with the Labour Law.

 

Where a dispute arises, the competent authority or court will examine the evidence and determine whether the claimed overtime was actually performed and whether the employee is legally entitled to compensation.