Unlimited Annual Leaves in United Arab Emirates
April 29, 2023
The companies in Dubai implement the new policy and describes its productivity related to unlimited Annual Leaves in UAE, and how employees take benefit from it. The Unlimited Annual Leave Policy is one of the attractive trends in the market where companies try to fascinate competent and talented employees. If we have to throw light on the one general rule regarding annual leave then let us tell you that, as per UAE Labour and Employment Law, there are 30 Days of paid leave for employees in a calendar year. The employee has to complete one year of service.
A recent study conducted in UAE also reveals the fact that just 2 percent of the total, employers offer unlimited annual leaves. Very popular companies, in UAE, belonging to the construction sector, equipment, hospitality management sectors and car rental sectors, have revealed their policy publicly, where it is described that companies, always should offer unlimited leave facilities in order to create flexibility for the employees. Big organizations must have to create, flexibility programs for their employees. Though, this is not important all the time and for all the employees, there must be flexibility available in the company in order to entertain the employees very well. On the other hand, several medium and small-level enterprises are found opposing the unlimited leave plan with many other benefits. Established companies and big enterprises will always prefer the support and flexible employee plans to their employees. Apart from this, the work-from-home facility is also provided. New UAE Labour Law has also increased maternity leaves.
It allows employees to take extra time on vacation especially when they are visiting their employees. The employees who can’t travel quite often can be benefitted utmost. Therefore, the unlimited leaves create flexibility for them. It means they can live in their country for more than one month or for an unlimited time period. Apart from this, in case of emergency, employees can also leave for their countries. After completing the probation period, the employee can ask for unlimited leaves. Annual leave comes after a year. The leave must be kept unlimited in the agreement/offer letter, therefore, it will allow employees to be benefitted from, unlimited leaves. The approvals again and again from HR can also be avoided. Yes, there is one disadvantage, that employees can also take the extra and wrong benefit from this. It can also put a burden on the line employees/colleagues again and again. This is one of the disadvantages too.
This is not something which is new to the market. It’s an international trend. Even, big companies do pay the benefits or salaries as well, which is not part of any benefit plan indeed, as per the Employment Agreement. If the unlimited leave facility is not granted then employers can’t be questioned as other UAE Labour Law matters, but as we said above that this is a good policy to provide relief to employees. Most of the time, this facility has generated a positive result.
Employer Objection on when to take Annual Leave:
Sometimes employees want to split the annual leaves for visiting their friends and family, not after a year but instead after one or two quarters. But employer is determined to let go of employees with a different schedule. The subject is to discuss the topic. Article 29, UAE Labour Law specifies that the employee has to inform his employer one month prior to the vacation, but the employer has a right to decide on the vacation. Employers can decide on vacations as per their availability. He has a right to rotate the vacations among all the employees. However, employees must have good coordination with employers. But employers must need to plan the vacations, in the best match with employees and with ease. But the employer has no right to force you to go on forced leaves. UAE Labour Law does not allow the employer to send an employee on forced leave. Even, if there is no business, the still employer has no right to send employees on forced leave, unless the employee makes a consensus with the employer. Labour and Employment Lawyers in UAE, are the best legal professionals to throw light on such topics. These Labour and Employment Lawyers, are capable and much talented, to offer legal representation. This representation is for business sectors as well as common people.
Types of Leaves Employees can Avail
People in UAE can be benefitted from different types of leaves. There are 9 types of leaves. Leave is a topic which is widely used and discussed in every corporate sector. We are going to discuss, 8 different types of leaves here.
- Student Leave
If a student is studying in UAE’s universities or other academic institutes, then he is entitled to be paid leave of Ten Days, a year. It is to let him sit in the examination. But there is a condition here and that is the duration of service. The period of service must be two years. Once the period of service is completed then the employee is entitled to ask for 10 Days Student Paid Leave.
- Annual Leave
Annual Leave is a leave which is given to employees, once a year. It has to be paid leave. After 6 months, usually after the probation period, the employee is entitled to ask for and take annual leave. The employee is authorised to take 30 Days paid leave after the completion of one year, or he can take 2 days per month but after the 6 months. It is a paid leave and the employer has to pay this salary. What are the criteria to calculate this salary, it can be counted after checking with the latest UAE Labour Law or counselling with Labour and Employment Lawyers. Employees do have the right to take the half leaves to the next contract. Even though he is terminated or resigns, he must be paid, by the employer as per UAE Labour Law.
- Sick Leave
Employees are allowed to take 90 Days of sick leave in a year. Please note this point that this facility is not for those who are working on a probation period. There is no sick leave on a probation period. Once the probation period is completed the employee has to take 90 Days of sick leaves in a calendar year. The employee has to inform the employer, at least a week before. Necessary medical reports also need to be submitted to the company/HR. Employees have the right to be paid in full for 15 days, have the right to be paid half for 30 days, and there will be no payment for 45 days. The employer has no right to terminate the contract on sick leave duration. But if the employee is failed to report back to work, then the employer can use his legal options like absconding or visa cancellation.
- Umrah/Hajj Leaves
Muslim Employees, have a right to take Hajj leaves, and the leaves should not be more than 30 Days. But keep in mind that, it can only be granted one time in the employment tenure in one company. Umrah leaves are up to employees. There is no Umrah leave in Labour Law. However, if the employer creates a particular provision, then he can grant the leaves to employees as well as paid leaves.
- Parental Leave
Employees working in the private sector are allowed five days of parental leave if he submits the proof to the office (childbirth proof). It can be taken up to 6 months from the birth date.
- Maternity Leave
As per the new UAE Labour Law, female workers can avail, of 60 Days of leave and out of these 60 Days, 45 days are fully paid. 45 days are fully paid and the rest are half paid. Previously the maternity leaves were not 60 which has been extended to 60. The mother employee who is going to conceive a baby has to inform the employee at least 30 days prior to the delivery date(expected). As per the new UAE Labour Law, the additional 30 days are also, or can also be granted if there is any complication or disability. These extended holidays will be without pay.
- Compassionate Leave
The employee can also apply for a 5 Days paid leave if the spouse is dead or 3 days’ leave if the parents, kids, siblings or grandparents have died. This leave is counted from the date of death and onward the days, which are allowed to be taken as leave, by Law.
- Official Leaves and Vacations
The UAE Labour Law explains that employees are entitled to take leaves (paid leaves) on national, public and religious holidays.