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Compensatory leave must for work on official holiday

Samir El Azrak represents Al Moutawaa Wa Al Azrak Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send it to Khaleej Times, Dubai, P.O. Box 11243.

Q) I work with a big restaurant in Dubai as per a limited contract. I have completed 13 months in service. I did not enjoy any holiday. I was even asked to work during Eid Al Adha holidays. Which are the official holidays an employee is entitled to? Is it possible to add these holidays to my annual leave balance, which will be due next month? What am I supposed to do if my employer refused?

A) Every employee, as per Article 74 of the Federal Labour Law, is entitled to an official holiday with full wage on the following occasions: one day on the New Hijri Year, one day on the New Year as per the Gregorian calendar, two days on Eid Al Fitr, three days on Eid Al Adha and Arafat Day, one day on the birth anniversary of Prophet Muhammad (PBUH), one day on the Israawal Meraj, and one day on the National Day.

Should work circumstances make it necessary for an employee to work during all or part of the official holidays — for which he is entitled to full wage — he must be compensated with another leave, and an extra wage equal to 50 per cent of his full wage. However, if he is not compensated with leave, he shall be paid 150 per cent of his basic wage for the work days, according to Article 81 of the very law.

Paid sick leave

Q) I have completed one year in service with a Dubai-based private company with which I have a three-year limited contract. I had to have an urgent surgery during my annual leave. My application for a 39-day sick leave was approved, along with the annual leave. I sent the employer all the documents and medical reports proving my health status. I would like to know if I am entitled to paid sick leave.

A) Under Article 83 of the Federal Labour Law, the employee will not be entitled to a paid sick leave during the probation period.

If an employee falls sick after completing more than three months following the end of the probation period in continuous service, he shall be entitled to sick leave not exceeding 90 continuous or interrupted days for every year. The leave shall be calculated as follows: full wage for the first 15 days, half wage for the next 30 days and any following periods shall be without pay. — Compiled by Ahmed Shaaban