The UAE Labor Law outlines specific provisions to ensure employee welfare, including mandatory breaks during work hours. According to Federal Decree-Law No. 33 of 2021 on the Regulation of Labor Relations, employees are entitled to rest periods if their working hours exceed a certain duration.
Break Provisions Under UAE Labor Law
Article 15 of the UAE Labor Law specifies that:
- Employees are entitled to a break of at least one hour after five consecutive hours of work.
- This break is unpaid unless specified otherwise in the employment contract.
- The break time should allow employees to rest, have meals, or engage in personal activities.
Employers are legally obligated to schedule these breaks and ensure they are adhered to. Denying employees their statutory break time is a violation of labor regulations, potentially leading to fines or penalties.
Working Hours and Breaks for Mainland Companies
For mainland UAE companies, the standard working hours are eight hours per day or 48 hours per week. During Ramadan, reduced working hours apply. For employees working more than eight hours, the law allows a one-hour break to divide the working period.
Employers cannot expect employees to work continuously for 9.5 hours without breaks, as this contradicts the provisions laid out in the law. Breaks are essential for maintaining employee productivity and well-being.
What to Do If Breaks Are Denied
If your employer discourages or denies breaks, follow these steps:
- Discuss with Management: Politely remind your employer of the legal break requirements. Share relevant sections of the UAE Labor Law for clarity.
- Consult Your HR Department: Report the issue to HR for resolution. HR departments often mediate such concerns.
- File a Complaint: If the issue persists, employees can lodge a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) via its website or app. MOHRE handles disputes and ensures labor laws are followed.
FAQs About Employee Breaks in UAE
Q1: Are all employees entitled to breaks under UAE Labor Law?
Yes, all employees working in mainland UAE are entitled to breaks if they work for more than five consecutive hours.
Q2: Are break times included in working hours?
Break times are unpaid unless your employment contract states otherwise.
Q3: What can I do during my break time?
Employees can rest, have meals, or engage in personal activities during their breaks.
Q4: What if my employer refuses to let me take breaks?
You can file a complaint with MOHRE if your employer consistently denies breaks.
Q5: Does this law apply to free zones?
Free zones may have their own regulations, but they generally align with UAE Labor Law regarding employee welfare, including breaks.
Q6: Can my employer shorten or cancel my break due to work pressure?
Employers cannot cancel breaks but may adjust them if work conditions require, as long as they still provide the mandated rest period.
Q7: Is it mandatory to take breaks?
While the law entitles employees to breaks, it doesn’t compel them to take breaks. However, skipping breaks might affect productivity and well-being.
Conclusion
Breaks are not just a legal entitlement but a necessary part of maintaining a healthy work environment. Employers and employees should collaborate to ensure compliance with labor laws, fostering a balanced and productive workplace.
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