When working for a company in Dubai, it is essential to understand the rules and regulations regarding annual leave requests. In the UAE, the employer has the discretion to decide the dates of annual leave for employees based on work requirements. According to Article 29 (4) of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, the employer may fix the dates of leave according to the work requirements and in agreement with the employee or rotate leaves among employees for the smooth progress of work. It is important for the employer to notify the employee of the date of their leave at least one month before.
Although the employer can decide the dates of annual leave, they are required to grant annual leave to an employee at least once in two years. However, the employer may not prevent the employee from using accrued annual leave for more than two years unless the employee agrees to carry it over or be paid in lieu of leave. It is important for employees to understand their rights and obligations related to annual leave as per the UAE Employment Law to avoid any misunderstandings.
If your manager has rejected your leave request due to work requirements and annual leave rotation of other employees, they may be within their rights to do so. However, if you have already booked and paid for your tickets, and your employer has agreed in writing and granted you annual leave, they may be obligated to bear the cost of the tickets. Employees are advised to seek written pre-approval for annual leave from their employer in advance to avoid any financial loss in the future.
In cases where employees face such issues related to annual leave requests, the UAE Employment Law and subsequent ministerial decrees do not specify the remedy available to employees. It is essential for employees to be aware of their rights and responsibilities regarding annual leave and to seek written approval from their employer to avoid any financial setbacks. Taking proactive steps in planning annual vacation and seeking proper approvals can help employees avoid any misunderstandings or financial losses.
It is crucial for employees working in Dubai to be familiar with the applicable laws, such as Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, to understand their rights and obligations related to annual leave requests. Seeking legal advice and guidance from professionals like Ashish Mehta, the founder and managing partner of Ashish Mehta & Associates, can help in navigating through employment laws in Dubai and ensuring compliance with regulations. Employees can reach out to legal experts for assistance in addressing any concerns or issues related to annual leave and other employment matters.