According to the Labour Law in the UAE, working hours of employees shall be 36 hours per week, six hours a day during the holy month of Ramadan. The UAE Labour Law does not draw a distinction between Muslims and non-Muslims says DLA Piper, the leading full service business law firm in the region. However, those working in the Dubai International Financial Centre "DIFC", who are not observing the fast, are not entitled to work a reduced working hours during the holy month of Ramadan as they come under separate DIFC law.
The UAE Labour Law states that during Ramadan employees work six hours per day, 36 hours per week. The Ministry of Labour decrees employers should apply this entitlement to all employees, regardless of faith, whether they work in Dubai or in a free zone but excluding DIFC.
"However, it is not clear whether an employee who works a five day week is permitted to exceed the six hours per day as long as they do not work more than 36 hours per week," commented Neil Crossley, Partner, Employment Pensions and Benefits Group, DLA Piper Middle East.
"Non-Muslim employees holding senior posts, who are accustomed to working beyond office hours, will perhaps continue to work the hours that are required to carry out their duties in full. However, non-Muslim employees who work fixed hours will be entitled to receive overtime if they agree to work during the two additional hours. Someemployers from outside of the region may have concerns that they will struggle to meet customer demands or maintain business performance in which case forward planning might be needed to help the situation. For example a call centre might need to adopt further flexibility over working times. ," continued Crossley
The provisions of the UAE Labour Law do not apply to institutions and companies operating within DIFC, as, unlike other free zones in the UAE, it has its own laws and regulations. The DIFC Employment Law states that only employees "who are observing the fast" are entitled to reduced working hours during Ramadan and specifically states that there shall be no reduction in pay as a result.
"Many companies are unaware of the distinction in Ramadan working hours between DIFC based and non-DIFC based employees. As DIFC based companies regularly interact with non-DIFC based companies this distinction should be taken into consideration over the next month.
"All businesses should see Ramadan as an opportunity to increase awareness amongst non-Muslim employees about the holy month and the customary behaviour that is observed during this period. Employers need to be considerate towards those who are fasting by taking practical steps. This can include shortening the duration of meetings, preparing an area so that non-muslim staff can eat and drink discreetly whilst at work and encouraging modest dress and behaviour around the office.. Ramadan is a time when families and loved ones come together, and companies should also look to use this month to increase multi-cultural interaction and focus on the impact their business has on the wider community. There are many business benefits to be derived during the month of Ramadan such as attending Iftar in the evenings with colleagues and clients and joining in with the Eid celebrations at the end of the month." concluded Crossley.
