On Your Side: Ramadan hours in free zones and overtime pay



Last week, you answered a query about reduced working hours during the holy month of Ramadan. Does this also apply to free zones? In addition, my colleagues and I are very busy at the moment, so it is unlikely that we will get all our work done during this shortened working day. Are we allowed to work for longer and if so, can we be paid for the extra time? – RP Dubai

Although employees of free zones are subject to the rules and regulations of the free zone concerned, which tend to have their own employment contracts and different rules regarding labour bans, the UAE's Labour Law still applies. In this case, Article 65, which states that "during the month of Ramadan, normal working hours shall be reduced by two hours", is applicable. My understanding is that provided your employer is not forcing you to work additional hours and is happy for you to continue working, you may do so. Some people may be eligible for overtime payments for these additional hours, but only provided this has been agreed with the employer at the outset. You should also note that Article 72 of the Labour Law says overtime is not payable to managerial or supervisory staff.

I have read with interest a number of your replies to other readers regarding their queries about UAE Labour Law entitlements. However, I am still not clear what the position might be relating to annual vacation. I have been in the UAE for three years working on a project based in the east coast region. My monthly payments are based on an agreed daily rate plus a fixed monthly allowance for provision of accommodation and transport. The contract is single status, but my wife is resident here with me. The contract terms permit me 25 days of annual leave, which, if taken, is unpaid. During our time here, we have returned to the UK on two or three occasions for periods ranging from seven to 14 days only, none of which was paid. My contract clearly specifies the position with regard to the end of contract UAE gratuity payments, but excludes any mention of 30 days' paid leave. Is this perhaps in some way to do with the fact that I am on a day-rate contract? It seems strange that the UAE Labour Law requires payment of 30 days' annual leave or cash in lieu, and yet this is excluded from my contract terms. Your advice on this issue would be most appreciated. - BC Fujairah

BC's situation is unusual because he is not on a standard employment contract receiving a monthly salary, but is on agreed terms from the outset for a daily rate of pay. Although the majority of people who come to the UAE are on a standard employment contract, there are many people who are essentially self-employed, but sponsored by an employer to work for them only. Often these people are employed on a commission-only basis, although there are those, such as BC, on a daily payment contract. The UAE Labour Law is quite strict, but in cases such as this, different terms may apply if agreed to by both parties at the outset, signed by them both and the relevant contract is lodged with the Ministry of Labour. If different terms have been agreed, and are not deemed to be against the employee's interest, then these will stand. The Labour Law does state that there should be a minimum of 30 days' annual leave, but this is meant to refer to standard employees and someone on different terms may theoretically request a full 30 days' leave each year, but will not be paid for this if they are paid purely on days of work per their accepted contract.

I am British and have been living in Abu Dhabi for 18 months. I still make UK National Insurance contributions, but have a query about receiving National Health Service (NHS) treatment because friends have different opinions. Some say I should receive free treatment because I hold a British passport and I have paid into the system for years, but others say that I am not entitled to anything anymore. Can you confirm the correct situation for us? - WE Abu Dhabi

If a UK resident leaves the country and is working overseas and not paying income tax, they will generally be presumed to be a non-resident for tax purposes and, as such, no longer eligible for free treatment under the NHS. The payment of voluntary National Insurance contributions counts towards the state pension and has nothing to do with being able to use the NHS as a non-resident of the UK. This differs, however, if you are a resident in certain European Economic countries. Generally, emergency treatment is free for anyone who requires it, but there may be a charge for associated treatment, even in the same hospital. Each health authority will have its own guidelines, but they are unlikely to vary by much. To have full eligibility to treatment without charge, you would have to take up full-time residency in the UK again.

I have been working for my current employer for some time, but am planning on giving them my notice to leave. My contract has a four-month notice period, which, although long, is what I agreed to. However, if the company wants me to leave immediately, does it have to pay me for the full notice period of four months? I have heard stories of companies refusing to pay people in the past, despite insisting that they leave straight away. I work in a major free zone if this makes any difference. - WP Dubai

Because the contract of employment specifies a four-month notice period and this was signed by both parties, then you are entitled to work for the four-month notice period, or be paid in lieu if the company decides that you are no longer required to carry out your duties. The law clearly states that payment is due. This applies both in a free zone and generally across the UAE.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai. Write to her at keren@holbornassets.com with queries for this column or for advice on any other financial planning matter.

Company%20Profile
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The specs
Engine: Long-range single or dual motor with 200kW or 400kW battery
Power: 268bhp / 536bhp
Torque: 343Nm / 686Nm
Transmission: Single-speed automatic
Max touring range: 620km / 590km
Price: From Dh250,000 (estimated)
On sale: Later this year
SPECS

Engine: Two-litre four-cylinder turbo
Power: 235hp
Torque: 350Nm
Transmission: Nine-speed automatic
Price: From Dh167,500 ($45,000)
On sale: Now

Pupils in Abu Dhabi are learning the importance of being active, eating well and leading a healthy lifestyle now and throughout adulthood, thanks to a newly launched programme 'Healthy Lifestyle'.

As part of the Healthy Lifestyle programme, specially trained coaches from City Football Schools, along with Healthpoint physicians have visited schools throughout Abu Dhabi to give fun and interactive lessons on working out regularly, making the right food choices, getting enough sleep and staying hydrated, just like their favourite footballers.

Organised by Manchester City FC and Healthpoint, Manchester City FC’s regional healthcare partner and part of Mubadala’s healthcare network, the ‘Healthy Lifestyle’ programme will visit 15 schools, meeting around 1,000 youngsters over the next five months.

Designed to give pupils all the information they need to improve their diet and fitness habits at home, at school and as they grow up, coaches from City Football Schools will work alongside teachers to lead the youngsters through a series of fun, creative and educational classes as well as activities, including playing football and other games.

Dr Mai Ahmed Al Jaber, head of public health at Healthpoint, said: “The programme has different aspects - diet, exercise, sleep and mental well-being. By having a focus on each of those and delivering information in a way that children can absorb easily it can help to address childhood obesity."

States of Passion by Nihad Sirees,
Pushkin Press

'How To Build A Boat'
Jonathan Gornall, Simon & Schuster

If you go
Where to stay: Courtyard by Marriott Titusville Kennedy Space Centre has unparalleled views of the Indian River. Alligators can be spotted from hotel room balconies, as can several rocket launch sites. The hotel also boasts cool space-themed decor.

When to go: Florida is best experienced during the winter months, from November to May, before the humidity kicks in.

How to get there: Emirates currently flies from Dubai to Orlando five times a week.
The burning issue

The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE. 

Read part four: an affection for classic cars lives on

Read part three: the age of the electric vehicle begins

Read part one: how cars came to the UAE

 

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Tree of Hell

Starring: Raed Zeno, Hadi Awada, Dr Mohammad Abdalla

Director: Raed Zeno

Rating: 4/5

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COMPANY PROFILE

Name: Qyubic
Started: October 2023
Founder: Namrata Raina
Based: Dubai
Sector: E-commerce
Current number of staff: 10
Investment stage: Pre-seed
Initial investment: Undisclosed 

How to protect yourself when air quality drops

Install an air filter in your home.

Close your windows and turn on the AC.

Shower or bath after being outside.

Wear a face mask.

Stay indoors when conditions are particularly poor.

If driving, turn your engine off when stationary.

Thank You for Banking with Us

Director: Laila Abbas

Starring: Yasmine Al Massri, Clara Khoury, Kamel El Basha, Ashraf Barhoum

Rating: 4/5

UAE currency: the story behind the money in your pockets
UAE currency: the story behind the money in your pockets
COMPANY PROFILE
Name: HyperSpace
 
Started: 2020
 
Founders: Alexander Heller, Rama Allen and Desi Gonzalez
 
Based: Dubai, UAE
 
Sector: Entertainment 
 
Number of staff: 210 
 
Investment raised: $75 million from investors including Galaxy Interactive, Riyadh Season, Sega Ventures and Apis Venture Partners
Citadel: Honey Bunny first episode

Directors: Raj & DK

Stars: Varun Dhawan, Samantha Ruth Prabhu, Kashvi Majmundar, Kay Kay Menon

Rating: 4/5


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