Today marks Prophet Muhammad’s birthday (peace be upon him), a public holiday across the UAE. If you’ve been asked to work on this day or any other public holiday, understanding your compensation rights under UAE labour law is essential for protecting your interests as an employee.
UAE Labour Law: Your Public Holiday Rights
Under Federal Decree-Law No. 33 of 2021, Article 28 establishes clear guidelines for public holiday compensation in the private sector. This comprehensive legislation ensures fair treatment for workers required to work during official holidays.
Basic Public Holiday Entitlement
According to Article 28, every worker has the fundamental right to:
- Official days off with full pay on all public holidays
- Government-defined holidays as determined by Cabinet resolution
- Complete compensation when work circumstances require holiday duties
These rights apply regardless of your job category, salary level, or length of employment in the UAE.
Compensation Options When Working Public Holidays
If your employer requires you to work during any public holiday, you’re entitled to one of two compensation methods:
Option 1: Replacement Day Off
Your employer must provide another day off for each holiday worked. This replacement day should be granted at a mutually agreed time and allows you to enjoy your holiday break at a later date.
Option 2: Enhanced Pay Compensation
Alternatively, you can receive:
- Your regular daily wage for the holiday worked
- Plus an additional 50% of your basic salary for that day
This means if your basic daily wage is AED 200, you’d receive AED 300 (AED 200 + AED 100 bonus) for working the holiday.
Legal Requirements for Compensation
According to Suneer Kumar, Senior Associate at Al Suwaidi and Company, specific conditions must be met for compensation to apply:
“Article 28 of UAE Labour Law No. 33/2021 is applicable to all employees – irrespective of categories or grade – provided that the employer requested the employee to work or the work requirement necessitates the employee, with permission, to work during the public holidays.”
Key Conditions Include:
- Employer request: Your company specifically asks you to work
- Work necessity: Job requirements demand your presence during the holiday
- Proper permission: You have authorization to work during the holiday period
- Official recognition: The holiday is government-recognized
Who Is Covered Under This Law?
The compensation requirements apply universally across the UAE private sector:
- All employee categories from entry-level to executive positions
- All salary grades regardless of compensation level
- All employment types including full-time, part-time, and contract workers
- All industries operating under UAE private sector regulations
No employer can exclude employees from these protections based on position, nationality, or contract terms.
UAE Public Holidays 2025
These compensation rights apply to all official UAE public holidays throughout the year, including:
- New Year’s Day (January 1)
- Eid Al Fitr (dates vary based on lunar calendar)
- Arafat Day and Eid Al Adha (dates vary based on lunar calendar)
- Islamic New Year (dates vary based on lunar calendar)
- Prophet Muhammad’s Birthday (September 5, 2025)
- UAE National Day (December 2-3)
How to Claim Your Compensation Rights
If your employer fails to provide proper holiday compensation, you have several options through the Ministry of Human Resources and Emiratisation (MOHRE):
Direct Contact Methods:
- MOHRE Hotline: Call 800 60 for immediate assistance
- MOHRE Mobile App: Download the official app and file a labour complaint
- Online Portal: Visit www.mohre.gov.ae and select the labour complaint option
What to Include in Your Complaint:
- Details of the public holiday worked
- Evidence of your employer’s request to work
- Documentation of compensation denied or delayed
- Your employment contract and salary information
Common Employer Violations
Some employers may attempt to avoid providing proper compensation through:
- Refusing replacement days off when requested
- Offering less than 50% pay bonus for holiday work
- Claiming certain employees aren’t covered by the law
- Requiring you to use annual leave instead of holiday compensation
- Providing ordinary pay rates without the mandatory 50% bonus
All these practices violate UAE labour law and can be reported to MOHRE.
Industries with Continuous Operations
Certain essential services require continuous operation during public holidays:
- Healthcare facilities and emergency services
- Hospitality and tourism establishments
- Transportation services including airports and ports
- Security and safety services
- Retail and food service operations
Workers in these sectors maintain the same compensation rights but may face different scheduling arrangements due to operational requirements.
Best Practices for Employees
Before Working a Holiday:
- Confirm compensation method with your employer in writing
- Document the work request through email or official communication
- Understand your choice between replacement day off or enhanced pay
- Review your employment contract for any specific holiday provisions
During Holiday Work:
- Maintain work records including hours and tasks performed
- Keep communication records with supervisors about the work requirement
- Document any issues that arise during the holiday work period
After Holiday Work:
- Follow up on compensation within a reasonable timeframe
- Request written confirmation of how compensation will be provided
- Contact MOHRE if issues persist beyond reasonable resolution time
FAQ Section
Q: Can my employer force me to work on public holidays? A: While employers can request holiday work due to operational needs, you must receive proper compensation as outlined in Article 28 of the Labour Law.
Q: What if I’m on a fixed salary – do I still get the 50% bonus? A: Yes, the 50% bonus applies to your basic salary component, regardless of whether you’re paid hourly, daily, or on a fixed monthly basis.
Q: Can I choose between a replacement day off or extra pay? A: The law allows employers to decide the compensation method, but many employers allow employee preference where operationally feasible.
Q: Do these rights apply to free zone employees? A: Free zones may have different regulations. Check with your free zone authority or employment contract for specific holiday compensation rules.
Q: What if a public holiday falls on my regular day off? A: If you don’t normally work that day, you’re not entitled to additional compensation unless specifically asked to work.
Q: How long do I have to claim unpaid holiday compensation? A: UAE labour law generally allows claims for unpaid wages and benefits within one year of the violation.
Key Takeaway
UAE Federal Decree-Law No. 33 of 2021 guarantees all private sector employees working on public holidays either a replacement day off or regular wages plus a minimum 50% basic salary bonus. These rights apply universally regardless of job category or salary level, with violations reportable to MOHRE through multiple accessible channels.
Need assistance with labour law issues? Contact MOHRE at 800 60 or visit their official website for comprehensive support.
JobXDubai 
Leave a comment