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OFW Guide: Can my employer reduce or deny my one-hour break?

In the United Arab Emirates, an employee is entitled for break(s) in between working hours which may not be less than one hour. Also, an employee may not work for more than five consecutive hours in a day without a break.

According to Article 18 of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations or the Employment Law: “The employee may not work over five consecutive hours without one or more breaks which shall amount in aggregate to not less than one hour, provided that such break(s) shall not be calculated as part of the working hours. Working hours and breaks in the Establishment shall be regulated by shifts, or for certain categories depending on their nature – such as on-site positions – and as per the manpower classification specified in the Executive Regulations of this Decree-Law.”

article 18

Based on the above provision of law, it is mandatory for an employer to provide break(s) to its employees in between the working hours. If an employer does not provide break(s) of at least one hour in a day or after completion of five consecutive hours of work, then it is considered a violation of the Employment Law.

In the event your break is reduced or denied, you may approach your employer and request that you be given the breaks as stipulated in the Employment Law. If your employer fails to do this, you may file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

This is in accordance with Article 54 (1) of the Employment Law, which states that: “In the event of a dispute arising between the Employer and the Employee, or anyone claiming through them, in connection with any rights arising to either of them under the provisions hereof, he shall file an application to the Ministry, which shall consider the application and take whatever necessary to settle the dispute between them amicably.”

article 54.1

If you don’t reach an amicable settlement, the MOHRE may refer the said matter to the court as mentioned in Article 54 (2) of the Employment Law. Thereafter, you may consider filing an employment case against your employer in the court.

Companies that break the law in this way can be fined and have future visa applications denied.

Tricia Gajitos

Tricia is a reporter at The Filipino Times. She was a TV News Anchor for Eurotv News and Golden Nation Network and a Multimedia Reporter for BusinessWorld. She is passionate in bringing in the latest updates and inspiring stories to the Filipino and international readers of The Filipino Times. Got some leads or tips? Reach Tricia on Facebook: www.facebook.com/triciagajitos or send your story at: [email protected]

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