I am going for my annual paid vacation from August 1-30. There are three days of Eid Al Adha holidays falling during my vacation. Am I entitled for pay for these three days because they are falling within my annual leave?

Answer:

Pursuant to your queries, any public holidays which may fall during the annual leave of an employee will be reckoned as part of annual leave. This is in accordance with Article 77 of the Federal Law No. 8 of 1980 Regulating Employment Relations in the UAE (the 'Employment Law'), which states:

"Holidays for which provisions have been made by law or agreement or any other days of absence from work on account of sickness shall be reckoned as part of the annual leave if such holidays fall within the annual leave".

However, if your employer's HR policies in its manual state that the employees are entitled for extra holidays for the public holidays falling within the annual leave, then you are entitled for such extra days of leave. In the event the HR policy formulated by the employer is not in accordance with Employment Law, then such HR policy shall be null and void, if such HR policy is not more beneficial to the employee. This is in accordance with Article 7 of the Employment Law, which states: "Any stipulations contrary to the provisions of this Law, even if it was made prior to its commencement, shall be null and void unless they are more advantageous to the employee".

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com.

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