# UAE annual leave law before completing 1 year



## ghouse12311 (Mar 24, 2015)

I have joined a company in Dubai on 17th Feb 2015. Recently they changed the leave policy from 30 days to 24 working days annually. I am going for my annual leave from 3rd January - 30 January 2016 which are 20 working days. Each month 2 days will added to my total paid leaves and by end of December, I should have about 20 leaves. The finance department has said that *by the law* if anyone is taking annual before finishing 1 year in the company, they will consider 80% of the accumulated leaves so in my case 80% of 20 leaves are 16, so 4 leaves are unpaid and my salary has already been deducted .

So this law regarding calculation of 80% leaves before completing 1 year is true? Where can I read about it?


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## Bigjimbo (Oct 28, 2010)

ghouse12311 said:


> I have joined a company in Dubai on 17th Feb 2015. Recently they changed the leave policy from 30 days to 24 working days annually. I am going for my annual leave from 3rd January - 30 January 2016 which are 20 working days. Each month 2 days will added to my total paid leaves and by end of December, I should have about 20 leaves. The finance department has said that *by the law* if anyone is taking annual before finishing 1 year in the company, they will consider 80% of the accumulated leaves so in my case 80% of 20 leaves are 16, so 4 leaves are unpaid and my salary has already been deducted .
> 
> So this law regarding calculation of 80% leaves before completing 1 year is true? Where can I read about it?


I believe it varies from company to company. Where i am now I have been told that any leave in the first year is totally unpaid, and I will accrue a full years worth of leave at the completion of that year. Before I had always worked on 2. something days per month finished.


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## ghouse12311 (Mar 24, 2015)

Bigjimbo said:


> I believe it varies from company to company. Where i am now I have been told that any leave in the first year is totally unpaid, and I will accrue a full years worth of leave at the completion of that year. Before I had always worked on 2. something days per month finished.


i think companies have their own policies on this 1 year law, am I correct?...guess I should be happy that I got a full month's leave before finishing my 1st year


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## chestnut (Apr 1, 2013)

My understanding (and someone please correct me if I have this wrong) is that, according to the law, during the 1st year you are not actually entitled to take vacations. During the 1st 6 months of the 1st year you do not accrue vacations and during the 2nd 6 months you accrue them at the rate of 2 days per month. At the end of 12 months you will have accrued 12 days, but not (yet) been entitled to take them.

The law is the minimum that an employer can do.

My employer considered the 24 vacation days available to be taken from day 1 (this was essentially part of the out-sourcing agreement).
My son's employer, as far as I can tell, follows the law and, being in the 5th month of employment, is currently on unpaid leave as he has no vacation days available.


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## twowheelsgood (Feb 21, 2013)

Ask your employer to tell you exactly which Law and which article they are referring to as its a common practice but that doesnt make it the Law.


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## PG84 (Dec 29, 2015)

Hi All,

I have been with a company for 3 months now. At the end of 2 months, I took a leave for 7 working days (Sun to next Tuesday). 

Firstly my employer said that this leave will not be deducted from my annual leave as per the labor law and the employment contract that says that leave is accrued after 1 year of employment. Fair enough but weekend was reduced from my salary which I do not think is correct. 

Now the annual leave provision in my employment contract says 20 working days and not calendar days, so according to me any unpaid leave deductions should also be for working days and not calendar days. When I clarified this with the employer I am being told that the sandwich rule of weekend working applies during unpaid leave period and that the sandwich rule does not apply when I will use my annual leave. I feel that I am being exploited and it is not fair.

According to me the policies should be the same irrespective of the situation and if annual leave is working days, then deductions whether paid or unpaid should be working days. I cannot find any article on unpaid leaves in the labor law so I am confused. Can someone clarify?

To be honest, I do not understand why they cannot make this annual leave rule clearer and less complex. 

Thanks


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## LesFroggitts (Dec 30, 2013)

Were you still under a probationary period? Most companies don't allow holiday entitlement during that period.




PG84 said:


> Hi All,
> 
> I have been with a company for 3 months now. At the end of 2 months, I took a leave for 7 working days (Sun to next Tuesday).
> 
> ...


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## PG84 (Dec 29, 2015)

LesFroggitts said:


> Were you still under a probationary period? Most companies don't allow holiday entitlement during that period.


Yes I was, but I am being informed that this is the rule irrespective of whether I am in the probationary period or not.


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## LesFroggitts (Dec 30, 2013)

PG84 said:


> Yes I was, but I am being informed that this is the rule irrespective of whether I am in the probationary period or not.


It is I expect down to the wording of the contract you have with your employer - some companies allow workers to 'earn' a pro-rated amount of holiday per worked month - but some don't.

Without knowing what your contract says it is going to be difficult to give you a definite answer.


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## PG84 (Dec 29, 2015)

Thanks!. Sadly, there is no mention in my contact about unpaid leaves, except for general 2 liner on annual leave. 20 days with pay after 1 year of continuous service and the employer can decide the commencement of leave.

I don't mind it being unpaid, just that I don't think it is fair or correct for them to reduce the salary for the weekends (salary calculated based on calendar days) when annual leave entitlements are based on working days.


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## LesFroggitts (Dec 30, 2013)

PG84 said:


> Thanks!. Sadly, there is no mention in my contact about unpaid leaves, except for general 2 liner on annual leave. 20 days with pay after 1 year of continuous service and the employer can decide the commencement of leave.
> 
> I don't mind it being unpaid, just that I don't think it is fair or correct for them to reduce the salary for the weekends (salary calculated based on calendar days) when annual leave entitlements are based on working days.


I agree with you about the selective interpretation of counting the days, I do though suspect that the real reason for them doing this is because it was during your probationary period.

Have you had a chance to go sit with your HR manager to get a face to face explanation - this may help.


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## PG84 (Dec 29, 2015)

LesFroggitts said:


> I agree with you about the selective interpretation of counting the days, I do though suspect that the real reason for them doing this is because it was during your probationary period.
> 
> Have you had a chance to go sit with your HR manager to get a face to face explanation - this may help.


Well, that is my plan next week


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## LesFroggitts (Dec 30, 2013)

Best of luck.


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