Under Federal Decree-Law No. 33 of 2021 (UAE Labor Law), the maximum standard working hours for employees in the private sector are capped at 8 hours per day or 48 hours per week. In certain industries or specific cases, the daily limit may extend to 9 hours, provided the additional hours are compensated or the nature of work justifies the extension.
Employers are obligated to provide a weekly rest day and ensure that working hours do not exceed the limits set by the law. Employees are also entitled to overtime pay if they are required to work beyond these hours.
On-Call Work: What Does the Law Say?
The UAE Labor Law does not explicitly define or regulate the concept of being “on call” outside regular working hours. However, several related provisions clarify how additional work or availability should be treated:
- Overtime Compensation:
- Article 19 of the UAE Labor Law mandates that employees working beyond their standard hours are entitled to overtime pay. Overtime must be compensated at 125% of the regular hourly wage or 150% for work performed between 10 PM and 4 AM.
- Work-Life Balance Initiative:
- In recent years, the UAE has emphasized fostering a healthy work-life balance, discouraging practices that infringe on employees’ personal time unless absolutely necessary.
- Emergency Situations:
- For industries requiring emergency responses or 24/7 availability, the employment contract may specify on-call duties. Even in such cases, employees should be adequately compensated for their time and availability.
Is It Legal to Be On Call After Hours?
If you are consistently required to log in to work from home or remain available after completing your daily hours, this could qualify as overtime. Employers must adhere to the following:
- Explicit Agreement: On-call responsibilities should be clearly outlined in the employment contract.
- Fair Compensation: Time spent on work-related tasks outside official hours must be compensated according to UAE Labor Law.
- Consent of the Employee: Employers cannot unilaterally impose additional working hours without prior consent unless it is an emergency.
Without adherence to these conditions, expecting employees to work or remain on call after hours may be deemed unlawful.
How to Address the Issue
If you find yourself frequently working beyond your official hours without proper compensation or clarity, consider the following steps:
- Review Your Contract: Ensure that your employment contract specifies any on-call expectations and related compensation.
- Discuss with HR: Raise the matter with your HR department to seek clarification on company policies regarding after-hours work.
- File a Complaint: If the issue persists, you may file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). MOHRE provides a platform to resolve disputes between employers and employees.
FAQs about On-Call Work in the UAE
1. Is it mandatory to work after official hours in the UAE?
No, unless specified in your contract or during emergencies, you are not required to work beyond the standard hours without proper compensation.
2. Can my employer ask me to remain on call without additional pay?
No, being on call is considered part of your work and must be compensated according to UAE Labor Law.
3. How should overtime be compensated in the UAE?
Overtime should be paid at 125% of your regular hourly wage, or 150% for work between 10 PM and 4 AM.
4. What should I do if I’m asked to work after hours without compensation?
You should first discuss the issue with your employer. If unresolved, you can report the matter to MOHRE.
5. Are there exceptions for specific industries?
Yes, certain industries, such as healthcare or emergency services, may have on-call requirements. These must still comply with labor laws regarding compensation.
Conclusion
While being on call may be necessary in specific scenarios, the UAE Labor Law protects employees from excessive or unpaid after-hours work. Both employers and employees should strive to maintain clear communication and adhere to legal requirements, fostering a fair and balanced work environment.
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