Extension in Leaves without the approval of the employer

As per UAE Labour Law, an employee is entitled to have 1 month of annual leave. Employers can decide the time period as per the requirement of the workforce but 1 month of paid annual leave is the right of every employee working in UAE. Article 29 of Federal Decree-Law, 33 of 2021 clarified this, where the employee is entitled to have one month of leave per year. This article states, that workers have the right to go on a 1-month vacation, not less than 30 days if he has completed one year working in the same company. The employer has the right to decide the leave schedule, based on the requirements in the company. Employers can fix the dates of vacations. For further details and clarifications, our Labour and Employment Lawyers can be consulted.

But both parties, employer and employee have to inform each other about the plan 1 month before the vacations. The employer has to inform the employee and employee has to inform employer about the intentions. Article 29 of Federal Decree Law, 33 of 2021 states clearly in support of this.

• This law also states that, if the employee does not return from work after the approved vacation by the company, then he does not deserve the salary during that period. If no reasonable or legitimate reason is found then, the employee has no right to get paid the salary he deserves as per law in his absence.
• Employer also has the right to terminate the employee without notice if the employee is absent from work for more than 7 days without informing to employer, without a valid reason. This condition also applies to 20 non-continuous days of absences. 7 continuous days and 20 non-continuous days are the time required when an employer becomes eligible to terminate the employee.
• Another article which is Article 44 of UAE Labour Law states that an employer has the right to terminate the employment of an employee without notice if the employee misrepresents to the company, or submits a false identity to the company.
• We can say that the employer has the right over the employee vacation period. He can’t stop the employee from going on vacations as per Law, and he can’t stop paying the salary to an employee as per Law but the employer has authority on a prerogative basis on the employee. Employer has right to refuse your request of extension. An employer can refuse the request for vacation for more than 30 days at the time of vacation or after the vacation. Once the vacation time is decided then he can’t stop the employee from enjoying his 1 month vacation with salary.
• But what if the employee has a valid and genuine reason to extend his holidays for more than a month? He has to submit valid proof of audio, video or documentation to the employer. Employees can convince the employer for the extend in holidays. However, the employer has the ultimate authority over this situation for taking decisions.
• Extension in salaries without the approval of the employer can cause loss of salary, terminations or absconding as well. If the employee is not reporting to the company for 7 continuous days or 20 non-continuous days, then he can be put under absconding as well.
• You can also learn about Employment Laws in private sector.