Clarification is provided by the United Arab Emirates about the termination of yearly leave.
I am an employee of a company in the UAE. What steps should I take in the event that my authorized yearly vacation is unexpectedly canceled? What are my duties with respect to this?
Law regulating labor relations
Your employment is presumed to be subject to the provisions of the United Arab Emirates' Federal Decree-Law No. (33) of 2021 on the Regulation of Employment Relations and the Cabinet Resolution No. (1) of 2022 on the Executive Regulations of Federal Decree Law No. (33/2021) on the Regulation of Employment Relations. Both of these laws were passed in 2021.
Cancel your annual leave
It should be brought to your attention that your company is not permitted to cancel your yearly leave entirely. When determining the dates of your annual leave, your employer may take into consideration a variety of criteria, including the requirements of your job and the practice of rotating leave among employees.
On the other hand, that ought to be done in accordance with your wishes. Additionally, after the dates of the vacation have been selected, your employer is required to provide you with notification of the days that you will be taking annual leave at least one month before the beginning of the absence. This is in conformity with the provisions of clause 4 of Article (29) of the Employment Law, which can be summarized as follows:
Take advantage of vacation during the year
"The employee is required to make use of his leave during the year in which he is entitled to it. The employee must be informed of the date of his leave at least one month in advance, and the employer may choose to select the dates of leave based on the work requirements and in agreement with the employee. Alternatively, the employer may choose to rotate leaves among employees in order to ensure that work is carried out without interruption.
In the event that you are unable to take advantage of your yearly leave during a given year, you have the option of either requesting leave money in lieu of that or attempting to carry forward the leave entitlement to the following year. With regard to this matter, it is possible to make reference to the provisions of clause (8) and clause (9) of Article (29) of the Employment Law, which state that:
1. An employee is permitted to carry over no more than half of his annual leave to the next year, or the employee may reach an agreement with his employer to be compensated in lieu of the leave based on the wage that he was receiving at the time that the leave was accrued.
Therefore, it would be good for you to advise your employer that your leave in the current year is being cancelled by your employer and that you have not waived it willingly. As a result, you may feel free to reserve your rights with regard to the annual leave entitlements that you are entitled to.
In the event that your employer continues to violate the laws that are in effect by denying you the rights that you are entitled to as an employee, you have the option of filing a complaint with the Ministry of Human Resources and Emiratization of the United Arab Emirates.
