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KNOW THE LAW: How much should my company pay for my overtime?

Dear TFT, 

I work for a Dubai-based company. I have been working overtime for the past few months with only promises that my employer will pay me for the extra hours I rendered. What shall I do to get my dues?

Kind regards, 

Rica

Reply from Atty. Imran Khan is a Legal Consultant at Bin Eid Advocates:

Imran Khan 2

According to Article 65 of the UAE labor law “The maximum normal working hours for adult workers shall be eight hours in the day, 48 hours in the week. They may be increased to nine hours a day in commercial establishments, hotels, cafeterias, security services and such other businesses as may be added by resolution of the Minister of Labour and Social Affairs. 

Travelling time is not included in the working hours. 

Article 67 mentioned about overtime “Where the work circumstances require a worker to work more than the normal number of hours, any period worked in excess shall be treated as overtime, for which the worker shall receive the wage stipulated for his normal working hours, plus a supplement of at least 25 per cent of that wage.”

If a worker works overtime between 9 PM and 4 A.M. he will be entitled to normal wage plus a supplement of at least 50 per cent of that wage. And overtime shall not exceed more than two hours a day.

Article 70 states “Friday shall be the normal weekly rest day for all workers except the daily-paid. Where a worker has to be put on duty on that day, he shall be compensated with a substitute rest day or be paid his basic wage for his normal hours of work plus a supplement of at least 50 per cent of that wage.”

There are exceptions for overtime under article 72, that provisions of overtime will not be applied to the following categories:

1. Persons holding senior executive managerial or supervisory positions, if such positions confer upon the incumbents the powers of an employer over workers.

2. Crew of marine vessels and seamen who serve under special conditions of service on account of the nature of their work, except port workers engaged in stevedoring and related operations.

All the above overtime rules are applied by the Ministry of Human Resources & Emiratization (MOHRE). If your employer doesn’t pay you for overtime, you can file a complaint against your employer by calling on 80060.

 

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Staff Report

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