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Company does not provide annual leave? Know your rights

Imagine this: You’ve been planning to go on a one-month vacation to the Philippines to see your family when all of a sudden, your company tells you that you do not have annual leave. What do you do?

In the UAE, an annual leave is the 30 days of paid leave that employees are eligible to have. According to Decree-Law No. 33 of 2021 regulating Labour relations and its executive regulations, you are entitled to 30 days off for each year of your extended service.

But there is more to your leave rights than just 30 days. Below are some of them:

Two days per month

Did you know that if you have been working for a company for more than six months but less than one year, you are entitled to two days per month? This is still under the Decree-Law No. 33 of 2021 regulating Labour relations.

What if my service has been terminated?

If the company has terminated your service before you were able to use your leave, you are entitled to get your leave for a fraction of the last year of service.

What is the minimum number of days off per week?

According to the Decree-Law of Labour Relations, an employee should have not less than one day of paid weekly rest.

Therefore, having only one day off in a month is against the law.

Will the number of paid weekly rest increase?

Yes, the Council of Ministers may increase the number of rest days in the Decree-Law according to Labour relations.

Can I use accumulated annual leave?

If you have accumulated vacation time, you have the right to take it within a reasonable timeframe. Your employer cannot unreasonably delay or prevent them from doing so for more than two years.

On termination, if you have accumulated leaves, your company shall only calculate the remaining leaves on basic salary.

Can I carry over my leaves for the next year?

If your employer gives you consent, you may carry over your annual leave balance to the next year, as long as it is in line with the company’s regulations.

In such cases, you will be entitled to be paid for the days you worked during your annual leave. Take note that your payment is calculated according to your basic salary.

What should I do if I want to file a complaint against my company?

The country gives Labour Advisory Services to workers in the UAE. You can avail of their services by calling the Labour Claims and Advisory Center on 80084.

You may also submit a complaint to the Ministry if you wish to. Take note that you can submit the complaint within 30 days of the employer’s breach of his legal obligations. Ideally, Labour disputes are settled by the Ministry within 14 days from the date of submission.

Within those 14 days, the Ministry will aim to settle the dispute between you and your employer. If it is not possible, the Ministry will refer the case to the competent court for a decision.

 

Camille Quirino

Camille Quirino is a Junior Writer at The Filipino Times, passionate about sharing the stories of overseas Filipino workers (OFWs). She previously contributed to Magic 89.9 and various TV productions and finds fulfillment in crafting compelling narratives that shed light on the experiences of OFWs. Outside of work, Camille enjoys playing the ukulele and meeting new people to hear their stories. She believes everyone has a unique narrative worth sharing and is dedicated to capturing these stories in her writing. Reach Camille at [email protected].

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