Time it takes to travel to work in bad weather is included in working hours: Ministry

As per the UAE labour law and guidelines from the Ministry of Human Resources and Emiratisation (MoHRE), the time it takes to travel to work during bad weather is included in working hours under specific conditions.

This provision forms part of Cabinet Resolution No. (1) of 2022, which generally states that commuting time is not considered working time; however, it outlines specific exceptions for unforeseen circumstances.

Commute time is counted as working hours in the following three specific scenarios:

Adverse weather conditions: When an employee is delayed due to severe or unstable weather, such as heavy rain or sandstorms, and the National Centre of Meteorology has issued official warnings or alerts.

Employer-Provided Transport Delays: If an employee is using company-provided transport and is delayed due to a traffic accident or unexpected vehicle breakdown.

Mutual Agreement: If both the employer and employee agree that commute time should count as working hours.

Mutual agreement: If the employment contract explicitly states that commute time will be included as part of working hours.

MoHRE has consistently encouraged private sector companies to offer flexible working arrangements, such as remote working, in order to ensure employee safety during severe weather conditions.

Regarding an employer's right to require an employee to work overtime, the Ministry clarified that employers have the right to require employees to work in addition to their normal working hours, provided it does not exceed two hours per day. However, this limit does not apply if the work is necessary to prevent serious loss or a serious accident, or to mitigate or remove its effects. In all cases, the total number of working hours must not exceed 144 hours every three weeks.

The Ministry specified the steps to follow via the 'Tasheel' system for requesting a permit to transfer a worker from one establishment to another. These steps include:

• Get Employer Consent: The current employer typically needs to agree and may require a notice period or compensation.

• New Offer: A formal job offer from the new company is essential.

• Apply Online: The new employer submits the transfer application (often within 90 days of canceling the old permit) via the Ministry's portal or app.

• Required Documents: Employee's passport copy (valid for 6+ months), passport-sized photo, signed job offer form, academic/professional certificates (attested), old work permit (electronic form approved by the current employer).

• Pay Fees: The new employer pays the necessary visa/permit fees.

• Medical Test: The employee must pass a medical fitness test.

• Approval: Once approved, the new work permit and contract are issued, allowing the transfer to finalize.