‘Can my employer put me on indefinite unpaid leave?’

The Dubai resident’s employer must specify an end date for unpaid leave and pay him all benefits except his basic salary

The hotel employee has been put on unpaid leave for five months, with no indication of when he will return to work. Getty Images

I work for a large hotel and have been on unpaid leave now for five months, with no indication of when I will return to work. During this time of unpaid leave, I have not received my basic salary or my housing allowance. Is this legal? And for how much longer can they do this? SB, Dubai

It is understood that this is a mainland employer and therefore comes under the rules set out by the Ministry of Human Resources and Emiratisation (MoHRE). The MoHRE issued Ministerial Resolution 279 of 2020 at the end of March this year. This sets out the steps that could be taken by employers who were adversely affected by Covid-19 to reduce their costs.

These options must be discussed with the employee before implementation and include the following: 1. Working from home; 2. Taking annual leave; 3. Taking unpaid leave for a specific period; 4. Accepting a reduced salary for a specified period; and 5. A permanent reduction in salary.

SB says that he has not been told when his period of unpaid leave will end, so the employer is in breach of the guidance. Furthermore, the employer is obliged to add a temporary additional appendix to the labour contract that is lodged with the MoHRE. If there is no specified end date to these options, this would not have been accepted. So, we can assume this has not been done. It is not reasonable to expect someone to be put on indefinite unpaid leave.

Finally, Section 3 of the relevant Ministerial Resolution states that the employer must continue to provide the employee with their housing and all other benefits apart from the basic salary during this period.

As this employer’s action is in breach of the ministry’s guidance, I suggest that SB contact the MoHRE for further direction and to register a case against them.

My daughters attend a private school in Dubai. We had paid a re-registration fee to secure their place for the next academic year. My husband's employer has now said that his job is being terminated. We have to leave the UAE and move to Europe to continue working with the same company. I lost my job a few months ago, so money has been tight. I'd like to know if we can get these deposits back from the school. We paid Dh500 per child. AG, Dubai

Most private schools in Dubai are overseen by the Knowledge and Human Development Authority (KHDA). While schools usually state that such fees are non-refundable, the KHDA’s School Registration and Refund Policy states: “In the cases of both existing and new students, the registration/re-registration deposit will not be refunded unless there are extenuating circumstances. These circumstances include, but are not limited to, evidence of family/student relocation to another country/emirate or other unforeseen circumstances. Such cases may be submitted to KHDA for review.”

The school can request for proof of the situation before making the refund, which could include cancellation of residency or flights booked to leave the UAE.

I work in an office as an admin assistant but am being made to work long hours. I start at 7.30am and usually don't finish until 7pm. I don't get any overtime pay. I have asked for payment for the extra hours but was told that I am not entitled to it. I think my company may be breaking the law but would like to check before lodging a complaint. MC, Abu Dhabi

The UAE Labour Law specifies the maximum number of working hours that is permitted. Article 65 states: “The maximum number of ordinary working hours for adult workers shall be eight hours per day, or forty-eight hours per week. The number of hours may be increased to nine hours per day for people employed in trade, hotels, cafeterias, security and other jobs whose addition may be made by virtue of a decision from the Minister of Labour.”

For someone working in an office, the maximum hours per working day is eight. The law states that an individual may work up to two additional hours per working day, as per Article 69, but should be compensated for this. For additional hours worked up to 9pm, the employee should be “paid a wage equivalent to the ordinary hourly wage with an addition of at least 25 per cent of the said wage” in accordance with Article 67.

MC can raise the issue with her employer and show them the articles of law but if they do not comply, she has the right to register a case with the MoHRE.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at [e-mail]. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only