Leave Salary Calculation In UAE Mohre – MOHRE Enquiry
Leave Salary Calculation In UAE Mohre. Understanding your rights and entitlements regarding annual leave in UAE and the leave salary calculation in UAE is essential for every employee working under the jurisdiction of the Ministry of Human Resources and Emiratisation (MoHRE Enquiry). Governed by the Federal Decree Law No. 33 of 2021, commonly known as the UAE Labour Law, these provisions safeguard workers’ benefits and ensure fairness in employment relations.
This article serves as an in depth guide to navigating the leave salary calculation in UAE MoHRE, clarifying your annual leave rights, the process for calculating leave pay, and other related employment regulations.
What is Leave Salary in UAE?
Leave salary in UAE refers to the remuneration employees receive during their annual leave. This salary is a legal entitlement under the UAE Labour Law and is calculated based on the employee’s basic salary and, in some cases, allowances. Employees are eligible for annual leave pay once they complete at least six months of continuous service.
Annual Leave Entitlement under UAE Labour Law
According to Article 29 of Federal Decree-Law No. 33 of 2021, employees are entitled to annual leave with full pay, based on their length of service:
| Length of Service | Annual Leave Entitlement |
|---|---|
| Less than 6 months | Not eligible for paid leave |
| 6 months to 1 year | 2 days per month |
| 1 year or more | 30 calendar days per year |
Part-time employees are also entitled to annual leave, calculated on a pro-rata basis according to their actual working hours.
Points
- Employees who have worked less than six months are generally not entitled to annual leave but may have other types of leave depending on circumstances.
- Even if your employment terminates before completing one full year, you are entitled to payment for leave accrued proportionally based on your actual time worked.
- Part-time employees are also eligible for annual leave, calculated proportionally in relation to their working hours, as defined by their contracts and MoHRE regulations.
How to Utilize Your Annual Leave
The UAE Labour Law emphasizes that annual leave should ideally be taken within the calendar year it is accrued. Employers may set the leave dates, but this must be done in consultation with the employee and must consider operational needs.
- Employers are required to give at least one month’s notice before the start of the scheduled leave.
- Carrying forward leave to the next year is allowed only with employer approval and in line with company policies.
- If you work during your carried-over leave, you must receive your basic salary for those days alongside your leave pay.
- The law protects employees from being denied their accrued leave for more than two consecutive years, safeguarding your right to take proper rest.
Inclusion of Public Holidays and Sick Leave
When calculating your annual leave period, any official public holidays or sick leave days that fall within your annual leave are counted unless your employment contract or company rules state otherwise.
Calculating Leave Salary in UAE
The leave salary calculation in UAE is primarily based on your basic salary and does not typically include allowances, bonuses, or commissions.
Formula for Leave Salary Calculation:
| Description | Calculation |
|---|---|
| Daily Wage | Basic Salary ÷ 30 days |
| Leave Salary | Daily Wage × Number of Leave Days Taken |
Example:
For an employee earning a basic salary of AED 10,000 monthly and taking 20 days of annual leave:
- Daily Wage = 10,000 ÷ 30 = AED 333.33
- Leave Salary = 333.33 × 20 = AED 6,666.60
Annual Leave Entitlement under UAE Labour Law
Upon termination, whether voluntary or involuntary, you are entitled to payment for any accrued but unused annual leave days. The calculation method remains the same as during active employment, ensuring fair compensation.
The Role of MoHRE in Leave and Salary Regulations
The Ministry of Human Resources and Emiratisation (MoHRE) plays a critical role in enforcing labour laws, including those related to leave entitlements and salary calculations. MoHRE provides guidance to both employers and employees to ensure compliance and resolves disputes related to labour rights efficiently.
Employees can approach MoHRE for support in cases of:
- Leave entitlement disputes
- Salary calculation queries
- Filing labour complaints within specified timelines
Additional Employee Rights and Obligations in the UAE
Beyond leave, the UAE Labour Law outlines several important aspects related to working hours, holidays, and general employee protections.
Working Hours and Overtime
- The maximum normal working hours are 8 hours per day or 48 hours per week.
- During Ramadan, working hours are reduced by two hours daily.
- Overtime work is compensated at a minimum of 125% of the basic wage, with night shifts (10 PM to 4 AM) paid at least 150%.
- Work on rest days or public holidays requires compensation at 150% of the basic wage unless compensated with leave.
| Situation | Pay Rate |
|---|---|
| Regular overtime | 125% of basic wage |
| Night shift (10 PM – 4 AM) | 150% of basic wage |
| Work on rest days/public holidays | 150% of basic wage or compensatory leave |
Additional Leave Types in UAE
Besides annual leave, the UAE Labour Law recognizes several other types of leave:
| Type of Leave | Duration | Paid/Unpaid |
| Maternity Leave | 60 days (45 full + 15 half) | Paid |
| Paternity Leave | 5 working days | Paid |
| Sick Leave | Up to 90 days | Partial pay |
| Bereavement Leave | 3-5 days | Paid |
| Hajj Leave | Up to 30 days | Unpaid |
| Study Leave | 10 days/year | Paid |
Holiday and Leave Types
- Employees are entitled to a weekly rest day, typically one full day.
- Paid annual leave as per the length of service.
- Bereavement leave: 5 days for death of spouse; 3 days for close relatives.
- Parental leave: 5 working days for new parents within six months of childbirth.
- Study leave: 10 days per year for exam preparation if employed for two years.
- Sabbatical leave: For UAE nationals performing national service.
Labour Complaints and Wage Protection System
If you face issues with leave or wage payments:
- You can file a complaint (MOHRE Complaint) via MoHRE Smart App, call center, or website.
- Labour disputes are generally resolved within 14 days, failing which cases may be referred to courts.
- The Wage Protection System (WPS) guarantees timely wage payments as per contract terms.
Occupational Health and Safety
MoHRE mandates strict workplace safety standards to prevent injuries and protect worker health, including:
- Prohibition of outdoor work under direct sun between 12:30 PM to 3:00 PM during summer months (June 15 to September 15).
- Regular inspections of workplaces and labour (Mohre Labour Contract) accommodations.
End of Service Benefits
Upon completion of service, employees are entitled to an end-of-service gratuity calculated as:
- 21 days’ wage for each of the first five years
- 30 days’ wage for each additional year
- Maximum gratuity capped at two years’ wages
| Service Duration | Gratuity Calculation |
|---|---|
| Up to 5 years | 21 days basic wage per year |
| Beyond 5 years | 30 days basic wage per year |
FAQs About Leave Salary Calculation in UAE
Is leave salary calculated on basic or gross salary?
Ans: It is primarily based on the basic salary. However, some contracts may include allowances.
Can I carry forward unused leave?
Ans: Yes, with employer consent and in compliance with company policy.
What if I work during my leave?
Ans: You are entitled to your basic salary plus compensation for the leave days worked.
Conclusion
The UAE Labour Law, enforced by MoHRE, ensures employees receive their rightful annual leave and fair leave salary. Being informed empowers you to assert your rights and avoid wage discrepancies. If you encounter difficulties or require professional advice, legal experts like Davidson & Co. Dubai lawyers can provide assistance in navigating complex labour regulations, calculating leave pay accurately, and safeguarding your interests.
