JobXDubai

If you’re working in Dubai and have faced the dilemma of your employer cancelling your approved annual vacation, you are certainly not alone. This situation can be stressful, but the United Arab Emirates’ Federal Decree-Law No. 33 of 2021 and Cabinet Resolution No. 1 of 2022 provide clarity on your rights in such scenarios.

First and foremost, your employer does not have the authority to cancel your annual leave outright without prior consent. While the timing of your vacation can be arranged to meet work demands and to coordinate leave amongst staff, any changes should be made in concurrence with you.

By law, you should be alerted to your annual leave commencement at least one month in advance. This requirement is established in Article (29), clause 4 of the Employment Law which mandates that leave be used in its designated year and, if altered, must be done in agreement with the employee and with proper notice.

In cases where you’re unable to use your annual leave within the year, you have the option to either defer it to the subsequent year or receive compensation for it. As per clauses 8 and 9 of Article (29) of the Employment Law, your employer cannot deny you this earned leave for more than two years, unless you choose to postpone it or opt for a payment in lieu thereof.

Should your approved leave be unilaterally rescinded without your agreement, it’s advisable to appeal this decision with your employer directly. If work demands do not allow for the reinstatement of your vacation, you are entitled to either push your full leave to the next year or receive a cash equivalent based on your basic wage.

Remember, you possess the right to carry forward all your accrued leave to the next year or receive a full cash allowance if your leave is cancelled by your employer, not by your own waiver.

If you decide not to take your annual leave, you can only carry forward up to half of your leave entitlements to the following year, given you have an agreement with your employer, as outlined in clause 1 of Article (19) of the Executive Regulations.

It’s crucial to assert your rights in these situations and if your entitlements are not honored, the UAE’s Ministry of Human Resources and Emiratisation is the avenue to lodge any grievances you may have against your employer’s decision.