The Ministry of Human Resources and Emiratisation confirmed that Federal Decree-Law No. (33) of 2021 regulating labor relations defines five categories that may be excluded from the provisions related to the maximum working hours in the private sector, which do not exceed eight working hours per day, and not to exceed 48 hours per week, with normal working hours reduced by two hours during the holy month of Ramadan.
And the ministry explained, in an indicative circular broadcast on its official pages on social media platforms, that “chairmen of boards of directors and members of these boards, persons who occupy supervisory positions, are excluded from the provisions related to the maximum working hours, if such positions would enjoy the powers of the employer.” Workers who make up the crew of marine vessels and workers who work at sea and enjoy special conditions of service due to the nature of their work, in addition to the jobs whose technical nature necessitates the continuation of work through shifts or successive shifts (provided that the average working hours do not exceed 56 hours per week), and finally Preparatory or complementary works that must necessarily be carried out outside the time limits generally established for work in the establishment.
She pointed out that the Minister of Human Resources and Emiratisation has the right to issue the necessary decisions to determine the works mentioned in this article in accordance with the needs of the labor market.
The ministry stated that there are two cases in which it is permissible to calculate the periods spent by the worker in moving between his place of residence and the place of work within working hours, in the event that the parties to the contract expressly agree on this. The National Meteorological Agency”, while the second “time spent by the worker on the means of transport provided by the employer in the event of a traffic accident or emergency malfunction.”
Human Resources clarified that the employer may employ the worker for additional working hours over the course of normal working hours, provided that they do not exceed two hours per day unless the work is necessary to prevent, eliminate or mitigate a serious loss or a serious accident.