Having worked in a private company in Dubai, it is important to understand the circumstances under which your leave application can be rejected. According to Article 29(4) of Federal Decree Law No. 33 of 2021, the employer has the discretion to decide the dates of annual leave based on work requirements. This means that your boss can reject your leave application if there is a genuine reason such as work requirements or annual leave rotation among employees for the smooth progress of work. It is important for the employer to notify the employee of the date of leave at least one month before the same.
Under the UAE Employment Law, an employer is obligated to grant annual leave to an employee at least once in two years unless the employee agrees to carry forward the annual leave or get paid in lieu of leave. According to Article 29(8), 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. Therefore, if your employer has a genuine reason to decline your annual leave application, they may do so in accordance with the law.
If your employer has already approved your annual leave in writing and you have made travel arrangements, it is possible that they may be obligated to bear the cost of the air tickets you have already booked. However, the UAE Employment Law and subsequent ministerial decrees do not specify the remedy available to employees in such cases. It is recommended that in the future, you obtain written pre-approval for your annual leave from your employer to avoid any financial loss.
In conclusion, it is important to understand the legal framework surrounding leave applications in the UAE. Employers have the discretion to reject leave applications based on work requirements and annual leave rotation among employees. It is crucial to obtain written approval for annual leave to avoid any potential financial loss in case of rejection. If you have any legal questions or concerns regarding employment laws in the UAE, it is advisable to seek legal advice from professionals like Ashish Mehta, who is qualified to practice law in Dubai, the United Kingdom, and India.
