4. Working Hours and Leaves

CHAPTER 1 – WORKING HOURS

Article 65

The maximum normal working hours for adult employees shall be eight hours per day or forty eight hours per week. However, working hours for the employees of commercial establishments, hotels, restaurants, watchmen and similar operations may be increased to nine hours per day as determined by the Minister of Labour. Likewise, working hours per day in respect of hazardous work or work detrimental to health, may be decreased by decision of the Minister of Labour and Social Affairs. During the month of Ramadan, normal working hours shall be reduced by two hours.

Time spent by the employee in transport form his residence to the place of work shall not be included in the working hours.

 

Article 66

Daily working hours shall be regulated in a way that no employee shall work over five hours consecutively without break times for rest, food and prayer with a total not less than one hour, provided that such times shall not be counted in working hours. In factories and workshops where work is rotated on night and day shift basis, or in places of business where technical and economic reasons necessitate round the clock work, break times for rest, food and prayer shall be determined by the Minister.

 

Article 67

If circumstances of work necessitate that an employee works more than the normal working hours, the extra time shall be considered overtime, for which the employee shall receive a remuneration equal to that corresponding to his normal working hours plus an extra of at least 25 percent of such remuneration.

 

Article 68

If circumstance of work necessitate that an employee works overtime between 9.00 p.m and 4.00 a.m., he shall be entitled to normal working hours pay plus an increase equal to at least 50% of such pay.

 

Article 69

Actual overtime may not exceed two hours per day unless work in necessary to prevent substantial loss or serious accident or to eliminate or alleviate its effects.

 

Article 70

Friday is the normal weekly holiday for all employees except for those on daily wage bases. If the employee is required to work on Friday he shall be granted one day off for rest or be paid the basic pay for normal working hours plus 50% increase at least of such pay.

 

Article 71

Except for labourers on daily wage an employee may not work on more than two Fridays successively.

 

Article 72

The provisions of this Section shall not apply to the following categories:

  1. Persons holding responsible senior posts in the management or supervision if holders of such titles are vested with the authorities or employers over employees, and such category is to be determined by the Minister of Labour and Social Affairs
  2. Ship crews and sea men who work under special service conditions due to the nature of their work, excluding Sea Port workers who are engaged in loading and off-loading and related works.

 

Article 73

A Notice Board showing the weekly closing day, working hours and rest times for all categories of employees must be fixed at conspicuous place on the main gate used as entrance by employees and in the premises of work and a copy of the notice should be submitted to the competent Labour Department.

If the weekly closure system is not applied by the place of business, a notice showing the weekly rest day for each category of employees shall be fixed by the employer at the places referred to in the preceding paragraph.

 

CHAPTER TWO – LEAVES

Article 74

Each employee is entitled to an official leave with full pay on the following occasions:

Hijra New Year – One day

Christian New Year – One day

Eid Al Fitr – Two days

Eid Al Adha and Waqfa Day – Three days

Birthday of the Prophet – One day

Ascension Day – One day

National Day – One day

 

Article 75

The employee must be granted an annual leave during each year of service which may not be less than:

  1. Two days per month in respect of any employee with more than six months and less than one year of service.
  2. Thirty days per annum in respect of any employee whose period of service exceeds on year.

In the event of termination of an employee’s service he shall be entitled to an annual leave for the fractions of the last year of service.

 

Article 76

The employer may at his discretion determine the date for commencement of annual leaves and, when necessary, he may decide to divide the leave in two parts at the most, except in cases of juveniles where vacation may not be divided in parts.

 

Article 77*

The annual leave period is deemed to include such holidays as prescribed by law or as agreed to, and any other periods of sickness, occurred during this leave and is considered as part thereof.

*Amended by Federal Law No. 12 of 1986.

Article 78*

The employee shall receive his basic pay in addition to housing allowance, if any for the annual leave days. However if the exigencies of work necessitate that the employee works during his annual leave in whole or in part, and the period of leave during which he has worked, has not been carried forward to the next year, the employer ought to pay him his wage in addition to cash in lieu of leave for his working days based on his basic pay.

*Amended by Federal Law No. 12 of 1986.

 

Article 79

The employee is entitled to receive cash in lieu of annual leave days not availed by him, if he was dismissed or if he left the service, after the period of notice stipulated by law. Cash in lieu of leave is calculated on the bases of pay received by the employee at the time of maturity of such leave.

 

Article 80

Remuneration due to an employee plus that of the approved leave under this law shall be paid in full by the employer to the employee before the latter’s departure on annual leave.

 

Article 81

If exigencies of work necessitate that the employee work on holidays or rest days against which he receives full or partial pay he shall be compensated in lieu thereof with increase in pay by 50% of his wage, but if he has not been compensated for the same with a leave, the employer shall pay him an increase to his basic wage equivalent to 150% of the days of work.

 

Article 82

If the employee falls sick for reasons other than labour injury he must report his illness within a period of two days at most and the employer must take necessary measures having him medically checked up to ascertain illness.

 

Article 83*

  1. During the probationary period, the employee is not entitled to any paid sick leave.
  2. If the employee spends over three months after completion of the probationary period, in the continuous service of employer, and falls sick during this period, he becomes entitled to a sick leave not more than 90 days either continuous or intermittent per each year or service, computed as follows:
  1. The first fifteen days with full pay.
  2. The next thirty days, with half pay.
  3. The subsequent period, without pay.

*Amended by Federal Law No. 12 of 1986.

 

Article 84

Pay during sick leave shall not be made if sickness resulted from mis-behaviour of the employee such as consumption of alcohol or narcotics.

 

Article 85

The employer may terminate the services of an employee who fails to resume his duties at the end of such leave as stipulated in Article (82), (83) and (84) hereof, and in such case the employee shall be entitled to his gratuity in accordance with the provisions of this Law.

 

Article 86

If an employee resigns from service because of illness before the lapse of the first 45 days of the sick leave and the Government Medical Officer or the physician appointed by the employer justifies the causes of resignation, the employer must pay to the employee his remuneration due for the period remaining from the first 45 days referred to above.

 

Article 87

A special leave without pay may be granted for the performance of pilgrimage to the employee once through-out his service and shall not be counted among other leaves and may not exceed 30 days.

 

Article 88*

During the annual leave or sick leave provided for hereunder, the employee may not work for another Employer; however, if the employer has established that the employee has done this, he shall have the right to terminate the service of employee without notice, and to deprive him of the leave pay due to him.

*Amended by Federal Law No. 12 of 1986.

 

Article 89

Subject to the provisions herein contained, every employee who does not report to duty immediately after expiry of his vacation, he shall be deprived of his pay for the period of absence commencing from the day following to the date on which the leave has expired.

 

Article 90

Without prejudice to cases where the employer has the right to dismiss the employee without notice or gratuity as prescribed herein, the employer may not dismiss an employee or serve him with a notice of dismissal during his leave as is provided for in this Section.