Working Beyond Ramadan Hours While Remotely: What UAE Labour Law Says About Overtime Eligibility?

Employees in the UAE are entitled to reduced working hours during the holy month of Ramadan, a statutory right that applies across the private sector irrespective of whether the work is performed from the office or remotely. Recent government recommendations encouraging remote work in certain situations have raised questions among employees about whether the same labour protections apply when working from home — particularly when employers require staff to continue working beyond the shortened Ramadan schedule.

Under the UAE’s employment framework, the reduction in working hours during Ramadan is a mandatory legal provision rather than a discretionary benefit. The law provides that regular daily working hours must be reduced by two hours during the holy month. This reduction applies to all employees regardless of their religion and is intended to reflect the social and cultural observance of Ramadan across the country.

The provision is set out in Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, the main legislation governing private-sector employment in the UAE. The law is further clarified by Cabinet Resolution No. 1 of 2022, which implements the provisions of the decree law and explicitly states that normal working hours are to be reduced by two hours per day during Ramadan.

For most employees, the standard working schedule under UAE labour law is up to eight hours per day or 48 hours per week. During Ramadan, this limit is reduced accordingly, meaning that the daily working hours must be shortened by two hours. Employers are required to structure work schedules in a way that respects this reduced working time, whether employees are physically present at the workplace or performing their duties remotely.

The growing adoption of remote work arrangements has sometimes created confusion about whether such labour protections still apply. However, the legal position remains clear: working from home does not alter the statutory limits on working hours. Remote work is merely a change in the location of work, not a change in the employee’s legal entitlements.

This means that if an employer asks an employee to continue working beyond the reduced Ramadan hours, the additional time may qualify as overtime under the law.

The UAE employment law permits employers to request overtime in certain circumstances where the nature of work requires additional hours. However, the law places strict limits on how much overtime can be performed. Employees generally cannot be required to work more than two additional hours in a day, and the total working hours must not exceed 144 hours over a three-week period.

Where overtime is required, the law also mandates financial compensation. Employees who work beyond their regular working hours are entitled to their normal basic salary for those hours plus an additional payment of at least 25 per cent of that salary.

If the additional work is performed during night hours — specifically between 10 pm and 4 am — the employee is entitled to a higher overtime premium. In such cases, the law requires payment of the basic salary for those hours along with a supplement of at least 50 per cent of the basic wage. This provision does not apply to employees who work on shift-based schedules.

The law also provides additional protection when employees are required to work on their designated weekly rest day. In such cases, the employer must either grant a substitute rest day or compensate the employee by paying the basic wage for that day along with an additional 50 per cent supplement.

However, not all employees qualify for overtime payments. UAE labour regulations specify certain categories of employees who are exempt from the provisions relating to maximum working hours. These typically include individuals in managerial or supervisory roles who have authority similar to that of the employer or who exercise significant decision-making powers within the organisation.

Employees in such senior positions may therefore not be entitled to overtime compensation, even if they work beyond the reduced Ramadan schedule.

In recent weeks, authorities in the UAE have recommended flexible or remote working arrangements in certain sectors as a precautionary measure in response to regional developments. While such recommendations allow employers to adopt work-from-home arrangements for operational or safety reasons, they do not change the legal framework governing working hours under the employment law.

As a result, employers must still comply with the statutory reduction in working hours during Ramadan, and any work performed beyond those reduced hours may be treated as overtime where the employee falls within the categories eligible for such compensation.

For employees working remotely, the same principles therefore apply as they would in a traditional workplace setting. The reduced Ramadan schedule remains legally binding, and additional working hours may trigger overtime obligations unless the employee holds a managerial or supervisory position that is exempt under the law.

In practical terms, this means that employees who are asked to continue working beyond the shortened Ramadan schedule while working from home may be entitled to overtime pay, subject to the nature of their role and the specific terms of their employment contract.

 

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