The labour law ensures a fair balance between the rights and obligations of employers and employees; here's what it says about overtime work
Image used for illustrative purpose. Photo: File
As the lines between work and personal life continue to blur, many employees in the UAE are finding themselves responding to calls, e-mails, and messages from their bosses well after duty hours. A recent survey proved that this is the reality for many: Half of UAE employees feel the pressure to work extra hours, the poll revealed.
To understand the implications of this growing trend, Khaleej Times spoke with a lawyer, an HR expert, and working professionals about the legal and cultural impact of after-hours workplace communication.
The UAE Labour Law does not explicitly give companies the right to contact employees outside official hours — unless specified in the employee’s contract or if formal overtime instructions are issued, said Hadiel Hussien, senior associate at BSA Law.
In the absence of such provisions, employees are not legally obligated to respond outside regular working hours, she said.
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Hussien explained that Federal Decree-Law No. 33 of 2021, which governs employment relationships, provides a framework for overtime work but does not explicitly state that employees must respond to calls or messages from their employer outside of official hours.
The labour law specifies, however, that overtime work requires formal instruction from the employer. Casual communications, such as phone calls or messages that do not involve a formal request to work, do not count as “working after hours".
Unless an employee receives a formal overtime request, they are not legally required to respond outside of working hours, except in certain exempted roles and industries.
Hadiel Hussien. Photo: Supplied
While employers cannot contact employees outside of working hours without a formal overtime request, Hussien emphasised that if overtime is officially instructed, employees are expected to comply. Overtime is generally capped at two hours per day unless there are critical circumstances. The total working hours over a three-week period must not exceed 144 hours.
Though there are no direct legal consequences for employees not responding to communications outside working hours, failure to comply with formal overtime instructions can lead to disciplinary actions, such as written warnings or other penalties, according to the Labor Law.
Certain industries and roles in the UAE require employees to remain accessible outside official working hours, especially in sectors with continuous operations or essential services. Hussien explained that according to Article 15 of the labour law’s implementing regulations, roles in technical work or emergency response, such as healthcare and utilities, often necessitate extended hours or availability beyond the standard work week.
Supervisory positions, including senior managers and board members, may also be exempt from maximum working hour regulations. Additionally, seafarers and other personnel working under special service conditions may be required to stay reachable due to the nature of their work.
Abu Muhammad (name changed), an HR professional with over 25 years of experience working in the UAE, told Khaleej Times that the dynamics of after-hours communication have significantly shifted with the rise of digital technology.
“A decade ago, contact from employers outside of office hours was rare but with the advent of messaging platforms like WhatsApp, it has become more common for bosses to reach out after work hours,” he said.
While he acknowledged that he often takes calls and responds to messages from his employer after hours, he admitted it can be disruptive.
“It’s especially frustrating when I receive work-related calls or messages on weekends. Not only does it affect me, but it also impacts my family, as this time is meant to be spent with them, away from work,” he added.
Diab Farouk (name also changed), a senior sales executive from Egypt, said that handling after-hours calls from both his employer and clients has become an expected part of his job.
“It’s not too much of a problem to take calls after business hours, especially if I’m earning well. However, I’ll admit, it can sometimes be frustrating. But given the nature of my work, it’s something I have to deal with — whether it's from the office or clients, the calls are just part of the job,” he added.
Rishab Chandra, founder and CTO at TaskTracker Suite, said: “In the UAE, after-hours communication is becoming more prevalent, especially in sectors like finance, technology, and hospitality. The use of messaging platforms like WhatsApp has increased the frequency of contact outside regular hours.
“A growing trend is the expectation of availability, particularly in senior roles, where employees may be expected to respond 24/7. While mid-level and junior employees are not always formally required to work after hours, many are still expected to handle urgent matters.
Rishab Chandra. Photo: Supplied
“Despite efforts to promote work-life balance, the rise of remote communication tools has led to a blurring of boundaries between work and personal time,” he added.
While the labour law does not directly address work-related communication outside regular hours, it focuses on ensuring a fair balance between the rights and obligations of employers and employees.
If excessive after-hours communication negatively impacts an employee’s well-being, they can address the issue within their company’s policies or escalate the matter to the Ministry of Human Resources and Emiratisation. If the issue remains unresolved, employees may file a legal claim with the competent courts.
Meanwhile, employees who are required to work overtime are entitled to additional compensation: 25 per cent above their basic salary, and 50 per cent for overtime worked between 10pm and 4am (excluding those on shift systems). If employees are asked to work on their designated rest days, they must either receive an additional day off or be paid their regular wage plus 50 per cent of their basic salary for that day.
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