Can Your HR Refuse to Approve Annual Leave During Eid? Here's What You Need to Know
Question: I work in a managerial role in a mainland Dubai company. With the Eid break coming up, I wish to combine my annual leave with the holidays to have an extended vacation. Can my HR refuse my request citing my managerial responsibilities?
Answer:
If you are employed in a company with more than 50 employees, the answer largely depends on your employer's policies and the operational needs of the business. Under UAE labor law, it is within an employer's discretion to set annual leave dates, taking into account the company's operational requirements, or by mutual agreement with the employee. What does the law say?
As per Article 29 (4) of Federal Decree Law No. (33) of 2021 on the Regulation of Employment Relations, an employer can decide the dates of annual leave based on work needs, in consultation with the employee. Furthermore, an employer is required to inform the employee of their leave dates at least one month prior to the start of the leave.
Additionally, Article 13(3) of the UAE Employment Law mandates that companies with more than 50 employees must have internal regulations, including guidelines on leave policies. These regulations must be in line with the law but can offer more favorable conditions for employees. What about combining leave with public holidays?
If your company's internal policies or HR handbook allow the combination of annual leave with public holidays, you are entitled to take advantage of that. According to Article 65(4) of the UAE Employment Law, an employer can create bylaws that provide more benefits to the employee than those stipulated in the law. In case of a conflict between internal policies and the law, the more favorable conditions for the employee will apply. Can HR refuse your leave request?
While HR may refuse your request to combine annual leave with the Eid break, especially if your managerial role demands your presence during the holidays, it is crucial to discuss the matter. You may be able to reach a mutual agreement with your HR team to accommodate your request, considering both your personal and the company's needs.
Ultimately, while your HR can refuse the request based on company policy or operational needs, the law ensures that employees' rights are protected, offering room for discussion and flexibility.
News Source: Khaleej Times
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