Employees’ commuting time will be considered as part of their working hours in some cases under the UAE’s new labour legislation.
While Article 17 of the new legislation, which took effect in February, states that travelling from an employee’s home to work does not count as part of work hours, however, the executive rules include a few exceptions.
Commuting time of the worker will be considered as part of the working hours, if:
1. The worker has been delayed owing to inclement weather and warnings from the National Centre of Meteorology about probable weather variations.
2. If the employee is commuting in an employer-provided vehicle that breaks down or crashes.
3. If both the employer and the employee expressly agree that commuting time should be included in the working hours.
According to Imran Khan, a legal adviser with Bin Eid Advocates and Legal Consultants, counting commutes inside working hours is especially useful for low-skilled workers. ‘A majority of low-skilled employees spend long hours in transportation, especially when several companies provide labourer accommodation in distant areas to save the cost’, Khan added.
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He explained that the amendment benefits people who must travel long distances or spend the majority of their time on the road owing to their employment. ‘Through this article, employees get their rights for spending time during the commute’, he said, adding that the new law allows both parties in a contractual arrangement to select the best working circumstances while retaining their rights.
Under the law, employees are not authorised to work more than two hours of overtime each day unless it is required to avert major damage or an accident. Overall, employees’ total working hours should not exceed 144 hours every three weeks.
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