In the UAE, many employees find themselves answering calls, emails, and messages from their bosses after official working hours. A recent survey highlights this trend, revealing that half of UAE employees feel pressured to work extra hours.
To better understand the situation, I spoke to a lawyer, an HR expert, and employees about the legal and cultural aspects of after-hours workplace communication.
UAE Labor Law on After-Hours Communication
According to Hadiel Hussien, a senior associate at BSA LAW, the UAE Labor Law does not allow companies to contact employees outside work hours unless it’s mentioned in their contract or formal overtime instructions are given. Without such provisions, employees are not obligated to respond to after-hours messages.
Hussien clarified that Federal Decree-Law No. 33 of 2021 sets rules for overtime but does not mandate employees to answer calls or messages after official hours. Overtime requires formal instructions. Casual communications like phone calls or texts without a formal request are not considered overtime.
Are There Legal Consequences for Not Responding?
Employers cannot demand responses outside work hours without a formal overtime request. However, if overtime is officially instructed, employees are required to comply. Overtime is capped at two hours per day, and total working hours over three weeks cannot exceed 144 hours.
Failure to follow formal overtime requests can result in disciplinary actions, such as written warnings, but ignoring informal messages has no legal consequences.
Who Needs to Be Available After Hours?
Certain roles in the UAE, especially in industries like healthcare and utilities, require employees to remain accessible after hours. Hussien noted that Article 15 of the Labor Law’s Implementing Regulations allows for extended availability for roles in technical work, emergency response, or senior management. Supervisors, board members, and seafarers may also have to be reachable due to the nature of their jobs.
What Do Employees Say?
An HR professional with over 25 years of experience, Abu Muhammad (name changed), shared that technology has increased after-hours communication.
“A decade ago, it was rare to hear from employers outside office hours, but now, platforms like WhatsApp have made it common,” he said. While he often answers such calls, he admitted it disrupts his family time, especially on weekends.
Similarly, Diab Farouk (name changed), a senior sales executive, said after-hours calls from his employer and clients are an expected part of his job.
“Sometimes it’s frustrating, but with my job and salary, it’s just something I deal with,” he said.
Work-Life Balance
Rishab Chandra, founder & CTO of TaskTracker Suite, explained that after-hours communication is growing in industries like finance, technology, and hospitality.
“Senior roles often expect employees to be available 24/7. While mid-level staff may not have formal after-hours duties, they are often expected to handle urgent tasks,” he noted.
He also mentioned how remote communication tools blur the lines between work and personal life, despite efforts to promote work-life balance.
Protecting Employee Rights
The UAE Labor Law emphasizes balancing employer and employee rights. If after-hours communication affects an employee’s well-being, they can raise the issue within their company or escalate it to the Ministry of Human Resources and Emiratisation. If unresolved, they may file a legal complaint.
Employees who work overtime are entitled to compensation. This includes:
- 25% additional pay for regular overtime.
- 50% additional pay for overtime between 10 pm and 4 am (excluding shift workers).
- Rest day work should be compensated with an extra day off or 50% extra pay.
