‘Am I allowed to carry forward all of my unused annual leave in the UAE?’

Companies should have a staff handbook that clearly outlines the policy regarding carrying forward unused vacation days. Getty Images

Question: My question is about carrying forward unused annual leave. I have had a busy year and not used all my days of leave. There is no time to take them now but where do I stand on being paid for the five days or using them next year? BE, Abu Dhabi

Answer: This topic is covered in UAE labour law, Article 29.5, which states, “the worker may, with the approval of his employer and in accordance with the applicable regulations at the establishment, carry forward his annual leave balance or days thereof to the following year”.

Additional guidelines state that a maximum of 15 days can be carried forward, largely to ensure that employees have a break each year.

Companies should have a staff handbook that confirms that days can be carried forward and also clarifies whether an employee can request pay in lieu as an alternative and for how many days. Payment in lieu is at the discretion of the employer, calculated on basic salary only.

Q. I am writing to get confirmation of the law regarding cold calling. I thought it had been banned in the UAE but I was called at 7pm by a company I have never had any dealings with. The call was from a local mobile number and the man said he was calling on behalf of a property developer.

I have never registered with any developer or estate agent so surely, they shouldn’t be calling me? TG, Dubai

A. The UAE government introduced new regulations against cold callers in August 2024. The regulatory body is the Ministry of Economy and Telecommunications Regulatory Authority (TRA), which has advised that companies that break this law could have their trade licences terminated, as well as being fined up to Dh150,000 ($40,838).

There are a number of rules that companies must follow when telemarketing. These include: (1) they can only call between 9am and 6pm; (2) they should have prior approval to make calls; (3) if a person does not want to receive calls, marketers are not permitted to call again on the same day; (4) calls should not be made from a personal phone number.

There are a number of rules that companies must follow when telemarketing in the UAE. Getty Images

Note that prior approval can mean the company has sent an email stating it will make contact unless someone opts out. Signing up for a mailing list or making a purchase can be deemed approval if mentioned in the terms and conditions so people need to be aware of what they are agreeing to.

If someone is bothered by a cold caller who breaks these rules, they can make a complaint. This can be done in a variety of ways depending on the company.

A complaint can be made to the company’s relevant licensing authority. If the caller is from a bank, make a complaint to the UAE Central Bank. If the caller is from an investment, commodity or securities company, contact the Securities and Commodities Authority (SCA).

If a call is received from a personal, rather than a business number, a complaint can be submitted to the Telecommunications and Digital Government Regulatory Authority.

There is also a “do not call registry” (DNCR), which is essentially a directory of the telephone numbers of residents who wish to opt out of telemarketing calls. Companies are supposed to train their employees to use this directory before calling but it seems that few are doing so.

To register on the DNCR, individuals should go to the website of the telecoms company that they use, as registration is with the relevant provider.

To clarify, it is not illegal to make marketing calls but there are guidelines that must be followed.

Q. I moved to Jeddah last month to take up a job and my employer is holding my passport saying it is company policy to keep it while I am employed but I can ask for it back if I am going on holiday out of the country.

I know that it is not permitted in Abu Dhabi where I worked before but I am not sure of the law here. SH, Jeddah, Saudi Arabia

A. The law in Saudi Arabia is clear in that employers are not permitted to retain passports of any employees. This is stated on the website of the Ministry of Human Resources and Social Development, which says: “In accordance with Article (6) of the Implementing Regulations of the Saudi Labour Law, the employer may not withhold the passport, residence or medical insurance card of the non-Saudi workers.”

SH should request the return of his passport, which is technically the property of the government that issued it, pointing out the law. If the employer fails to return it, he can file a complaint. Contact details are on the ministry website.