Longer Eid break: Can UAE employers deny requests to combine holiday with annual leave?
Answer: It is assumed that you are employed in a company which employs more than 50 people.
In the UAE, it is at the discretion of an employer to determine the annual leave dates of its employees based on the company's operational requirements, or mutually in agreement with an employee.
An employer must inform an employee of his/her annual leave dates (start date and end date) at least one month in advance before the commencement of the said annual leave.
This is in accordance with Article 29 (4) of Federal Decree Law No. (33) of 2021 on the Regulation of Employment Relations which states: 'The employee shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the employee, or rotate leaves among employees for the smooth progress of work, and shall notify the employee of the date of his leave at least (1) one month before the same."
Furthermore, an employer should have its own internal employees' handbook or HR policy related to rules and regulations of employment if it employs more than 50 employees.
This is under Article 13(3) of the UAE Employment Law, which states: 'The employer shall put in place internal work regulations, including work instructions, sanctions, promotions, benefits and other bylaws and internal regulations pursuant to the controls set by the executive regulations of this decree law.'
However, if your employer's human resources (HR) policy or internal rules and regulations mention that annual leave and public holidays can be combined, then you are entitled to the same.
This is in accordance with Article 65(4) of the UAE Employment Law, which states: 'The Employer may establish and put in place organisation bylaws and programmes in the Establishment that would be more beneficial to the employee than those prescribed in this Decree-Law and its Executive Regulations. In the event of a conflict between such programmes and bylaws and the provisions of this Decree-Law, conditions that are more beneficial to the employee shall apply.'
Based on the aforementioned provisions of law, HR may refuse your request to combine your annual leave with the Eid holidays citing your managerial responsibilities if the work requires you to attend the office or in accordance with the company's internal policies. However, you may discuss the matter with your HR/employer to mutually agree on combining your annual leave with upcoming public holidays on account of Eid.
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