Ask Gulf News: Can your UAE employer refuse to pay for unpaid overtime?
Question: I work at a hotel, 9 hours daily according to my contract. My employer requested me to work 10 hours a day during the summer time and assured that I would be compensated for the additional overtime hours. I agreed, but he refused to pay arguing that there was no written agreement between us concerning the additional working hours. Is the employer entitled to do this? What legal action…
Question: In the UAE, is it legal for an employer to deny paying for overtime hours that an employee has worked beyond their regular schedule?
Answer: According to Article (19) of the Federal Decree Law No. 33 of 2021, employers have the right to require their employees to work overtime, but only up to a maximum of two additional hours per day. There is no requirement for this overtime to be documented in writing, but in the absence of such an agreement, the employee must provide proof of the extra hours worked.
This evidence can include various forms of communication, such as WhatsApp messages, SMS messages, emails, work schedules, attendance records, time sheets, or any other documented evidence indicating that the overtime was requested and approved by the employer. If the employee is unable to provide such evidence, the burden of proof then falls on them to demonstrate that the additional hours were indeed worked at the employer's request and with their consent.
In such cases, the employee should file a complaint with the Labor office, and a court will review the provided evidence to render a judgment.
Written by urgent.news from Gulf News's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
