gcc summer working hours and working during …/media/files/insights/publications/2012... · gcc...

GCC SUMMER WORKING HOURS AND

WORKING DURING RAMADAN

MINISTERIAL DECISION NO 471 OF 2012 IN RELATION TO SUMMER WORKING HOURS

As the outside temperature continues to rise and the humidity kicks in, the summertime is officially here. The Ministry of Labour in the United Arab Emirates has therefore issued its annual Ministerial Decision restricting the hours that manual labourers can work outside in the daytime.

This year's Ministerial Decision, number 471 of 2012, is effective from 15 June 2012 until 15 September 2012 and prohibits workers from working in areas directly exposed to the midday sun between the hours of 12.30pm to 3pm in the United Arab Emirates. During these hours the employer must provide a shaded area for the workers to rest.

In this article we also look at summer working hours across the GCC

The Muslim holy month of Ramadan is also fast approaching. Ramadan is the ninth month of the Islamic lunar calendar and, depending on the new moon sighting, this year the holy month is anticipated to commence around 20 July and last until 19 August 2012. In this article we look at the law relating to working practices during Ramadan in each of the following countries:

United Arab Emirates ("UAE"); Kingdom of Saudi Arabia ("KSA"); Qatar; Oman; Bahrain and Kuwait.

In particular, please note that following recent amendments to the labour law, the working practices in Oman have changed since last year.

.

We have set out below the summer working hours and the relevant ministerial decision applicable to the

other GCC countries:

Country Dates the summertime

restriction is effective

(from - to)

Hours restriction is

in place

Ministerial Decision

Qatar 15 June to 31 August 2012 11.30am to 3pm Ministerial Resolution

No.16 of 2007

Kingdom of Saudi

Arabia

1 July to 31 August 2012 12pm to 3pm Ministerial Resolution 1559

dated 07/06/2010

Oman 1 June to 31 August 2012 12.30pm to 3.30pm Article 16/3 of Ministerial

Resolution No. 286/2008

Bahrain 1 July to 31 August 2012 12pm to 4pm Ministerial Resolution No.

24 of 2007

Kuwait 1 June to 31 August 2012 11am to 4pm Ministerial Resolution No.

189 of 20120 as amended

by Ministerial Resolution

No. 212 of 2012.

For further information on your obligations as an employer during the summer working hours please

contact a member of the Employment team at DLA Piper Middle East LLP.

RAMADAN

The Muslim holy month of Ramadan is also fast approaching. Ramadan is the ninth month of the Islamic

lunar calendar and, depending on the new moon sighting, this year the holy month is anticipated to

commence around 20 July and last until 19 August 2012.

In this article we look at the law relating to working practices during Ramadan in each of the following

countries: United Arab Emirates ("UAE"); Kingdom of Saudi Arabia ("KSA"); Qatar; Oman; Bahrain and

Kuwait. In particular, please note that following recent amendments to the labour law, the working

practices in Oman have changed since last year.

We also take the opportunity to remind employers of some of the practical considerations to consider

during the Muslim holy month.

This publication is from DLA Piper Middle East.

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not be used as, a

substitute for taking legal advice in any specific situation. DLA Piper Middle East will accept no responsibility for any actions taken or not taken on the

basis of this publication.

DLA Piper Middle East LLP is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities.

For further information, please refer to www.dlapiper.com.

UAE

The UAE Labour Law No.8 of 1980 (the "UAE Labour Law") states that during the month of Ramadan

the working hours of employees shall be reduced by two. Therefore, the maximum working hours for an

adult employee during Ramadan are six hours per day or 36 hours per week.

The UAE Labour Law does not distinguish between Muslim and non-Muslim employees and the Ministry

of Labour has confirmed that this reduction in working hours shall apply to all employees (regardless of

faith) whether they work in onshore Dubai or one of the free zones. However please note the separate

provisions below regarding the DIFC.

When calculating an employee's weekly working hours, the UAE Labour Law presumes that employees

normally work six days a week. In practice however, we appreciate that a number of employers observe

a five day working week. This leaves the question: can an employee working a five day week work for

longer than six hours per day?

There is nothing in writing from the Ministry of Labour which answers this question directly. However, on

the basis that it is common practice (outside of Ramadan) for employees to work for longer than eight

hours per day over a five day week, the risk of an employee working more than six hours per day during

Ramadan is relatively low, providing the employee does not exceed the 36 hour weekly maximum.

However please be are that given the religious significance of Ramadan, if an employee's request to work

a maximum of six hours per day is refused (even where their total hours do not exceed 36 hours per

week) there remains a risk that if he/she raised a complaint to the authorities, such a complaint would be

treated sympathetically. We therefore recommend that if an employee requests to work a maximum of six

working hours per day during Ramadan (and such a request will result in a working week of less than 36

hours) you seek further legal advice.

Exception - the provisions of the UAE Labour Law relating to reduced working hours during Ramadan do

not apply to "persons holding responsible managerial or supervisory positions, if such positions confer

upon the holders the powers of an employer over employees". A Ministerial Decision confirms that this

exception specifically includes:

1. chairmen and directors;

2. general managers;

3. managers of departments; and

4. individuals working in supervisory posts.

Therefore, employees holding senior posts (with powers of an employer over employees) are not entitled

to work reduced hours during Ramadan (nor are they subject to the maximum working hour/overtime

provisions in place outside of Ramadan). Employees in such posts can be required to work the hours

that are necessary to carry out their duties in full.

DIFC

The Dubai International Financial Centre ("DIFC") is a financial free zone located in Dubai, which unlike

the other free zones has its own laws and regulations. The DIFC Employment Law provides that only

employees "who are observing the fast" are entitled to reduced working hours during Ramadan. The

DIFC Employment Law also specifically states that employees that are entitled to work reduced hours

during Ramadan shall not be subject to any reduction in pay as a result.

KSA

The KSA Labour Law Royal Decree No. M/51 (the "KSA Labour Law") states that during the month of

Ramadan the working hours for Muslim employees shall be reduced to a maximum of six hours a day or

36 hours per week.

Therefore, assuming a Muslim employee works a five day week, the maximum daily working hours are 7

hours 12 minutes a day (which is the equivalent of 36 hours per week).

Unlike in the UAE, the KSA Labour Law provisions relating to working hours during Ramadan do not

apply to non-Muslim employees. Non-Muslim employees can therefore be required to continue to work

their normal working hours (subject to the usual maximum working hours and overtime rules).

Under the KSA Labour Law, the reduction to working hours during Ramadan does not apply to "persons

occupying high positions of authority in management and policy, if such positions grant the persons

occupying them authority over workers".

Employees holding senior posts are not entitled to work reduced hours during Ramadan (nor are they

subject to the maximum working hour provisions in place outside of Ramadan). Employees in such posts

can be required to work the hours that are necessary to carry out their duties in full.

Qatar

The Qatar Labour Law No. 14 of 2004 (the "Qatar Labour Law") provides that during the month of

Ramadan the working hours of workers shall be reduced to 36 hours per week, at the rate of six hours

per day.

As in the UAE Labour Law, there is no distinction between Muslim and non-Muslim workers and the

reduction in working hours therefore applies to all workers.

The Qatar Labour Law presumes that employees work a six day working week. We therefore

recommend following the advice set out above in relation the UAE regarding the maximum daily working

hours if in practice your employees are working five days per week.

In Qatar there is also a similar exception relating to the maximum working hours entitlement of senior post

holders. Under the Qatar Labour Law, the reduction to working hours during Ramadan does not apply to

"the persons occupying responsible positions if these positions confer upon the occupiers thereof powers

exercisable by the employer over the workers". Employees in such posts can be required to work the

hours that are necessary to carry out their duties in full.







Oman

Following the recent publication in October 2011 of the Royal Decree 113 of 2011, amendments to the

Omani Labour Law Royal Decree No. 35/2003 (the "Omani Labour Law") have come into force. This

has amended the restriction to working hours during Ramadan.

In previous years, the maximum working hours for Muslim workers during the month of Ramadan were six

hours a day or 36 hours a week. However, following the publication of the Royal Decree 113 of 2011, the

maximum working hours have been reduced to six hours a day or 30 hours a week. This applies only

during the month of Ramadan and only to Muslim employees. The Omani Labour Law has therefore

been amended to presume employees are working a five day week. If your employees normally work six

days a week and you are concerned about how this change may affect your working practices please

contact a member of the Employment team at DLA Piper Middle East LLP for further advice.

The Royal Decree 113 of 2011, which came into force in October 2011, also amended the maximum

working hours of all employees (regardless of faith) outside of the month of Ramadan. All employees are

now subject to working a maximum of nine hours per day or 45 hours a week. This is a reduction to the

previous Omani Labour Law, which stipulated a maximum of nine hours per day or 48 hours a week.

Unlike in most other GCC countries referred to in this article, there is no exception to the maximum

working hours entitlement for senior post holders within an organisation.

Kuwait

The Kuwaiti Labour Law No. 6 of 2010 (the "Kuwaiti Labour Law") states that during the holy month of

Ramadan the working hours of an employee shall be 36 hours per week. The Kuwaiti Labour Law does

not stipulate the maximum number of hours that can be worked daily during Ramadan and therefore so

long as the weekly total number of hours does not exceed 36 the risk of requiring an employee to work in

excess of 6 hours a day is low.

The Kuwaiti Labour Law does not distinguish between Muslim and non-Muslim employees, nor does it

provide an exception for employees holding senior posts within an organisation. Therefore the maximum

working hour limit applies to all employees (regardless of their faith or position).

PRACTICAL CONSIDERATIONS DURING RAMADAN

As well as the reduced working hours during Ramadan, employers should also be aware of the additional

prayers (Taraweeh) that take place every night during the holy month.

With all this in mind, employers will understandably be keen to ensure that the levels of customer service

and business performance are maintained during Ramadan. If this is a concern to your organisation we

have set out below some practical solutions to ensure your business continues to operate effectively

during Ramadan:

In most GCC states, non-Muslim employees holding more senior posts and who are often

accustomed to working beyond normal office hours may continue to work the hours required to

carry out their duties in full. Depending on the region you operate in, this may be without

additional overtime payments;

In states where Ramadan hours apply to non-Muslim employees they may agree to work

overtime in accordance with the local law. Where this does take place, the organisation is

required to pay the employee at the prescribed rate in respect of any overtime worked; and

Forward planning - if the business has particular concerns regarding meeting demand during

certain times of the day or to achieve a particular project, shift patterns may need to be altered in

advance.

BEHAVIOUR DURING RAMADAN

A lack of cultural awareness and understanding can cause stress, unhappiness and inconvenience in the

workplace for both Muslims and non-Muslims. In order to avoid causing embarrassment of offence to

employees, employers are encouraged to educate their workforce on cultural awareness and diversity.

Training to non-Muslim employees on the meaning and implications of Ramadan are particularly

important. Employees should be reminded that during the holy month of Ramadan:

It is offensive to smoke, eat, chew gum or drink in public during the hours between dusk and

dawn;

Non-Muslim employees should ensure that they eat and drink discreetly at their desks (if these

are out of view for example) and where possible they should be encouraged to do so elsewhere,

out of sight, if possible. For example, it is advisable to ensure all food and drink is consumed in a

canteen or in a separate designated room;

Employees should be requested not to bring in cakes or celebrate birthdays / other occasions

during Ramadan;

All employees should be reminded to be patient of each other and in particular those who are

fasting as they may be short tempered due to lack of sleep, food and drink;

While swearing and anger is not to be encouraged at any time in the workplace (or elsewhere),

employees should be reminded that such actions and emotion is particularly insulting to Muslims

during Ramadan;

No food or drink should be provided during meetings;

If any business lunches are required to take place during Ramadan, Muslim employees should

not be required to attend;

As Muslim employees will be more tired than normal during Ramadan, it is sensible to ensure that

business meetings and training sessions are shortened or postponed until after Ramadan;

Modest dress and behaviour around the workplace should be encouraged; and

Muslim employees will be keen to prepare to break their fast at sunset. This means that the

traffic is particularly busy during the mid to late afternoon period - rush hour comes early.

Employees should therefore drive with additional care at this time and expect heavy delays.







If you have any queries in relation to any of the issues in this article, or if you would like to discuss the

possibility of cultural awareness training for your employees, please contact one of our specialist

employment lawyers for the Gulf region:

Neil Crossley

Employment, Pensions & Benefits Practice Group Head

T +971 4 438 6345

[email protected]

Patricia Wardrop

Legal Consultant

T +971 4 438 6332

[email protected]

Natalie Morrison

Legal Consultant

T +971 4 438 6348

[email protected]

Rebecca Hildred

Legal Consultant

T +971 4 438 6366

[email protected]

gcc summer working hours and working during …/media/files/insights/publications/2012... · gcc...

Documents