转自 Emirates247 翻译/Mary
斋月期间的官方工作时长是不同的,整体来看要比平时的工作时间缩短两个小时,但是也有例外。
以下是任职于某国际法律顾问公司中东分部的Taylor Wessing专家就斋月期间迪拜相关部门工作时间的问题所做出的回答。
斋月工作时间多长?
按照《劳动法》的规定,斋月期间员工的日平均工作时间要在平时的基础上缩减两个小时。这就意味着斋月期间每名员工每天的工作时间只有6个小时(每天的最长工作时间为8小时)。
根据《DIFC雇佣法》,斋月期间进行斋戒的员工每天被要求的工作时间不可以超过6个小时。斋戒的员工选择一天工作超过6小时的应有权享有法定的休息时间(如果员工全天工作的话休息时间累计不超过1小时)。
所有工作都适用这一规定吗?
是的,斋月工作时长的规定适用于所有阿联酋公司,包括所有境内及自由区公司。
斋月工作时长规定同样适用于所有DIFC的公司。
这对非穆斯林适用吗?
《阿联酋劳动法》规定,斋月期间的工作时长应比平时缩短2个小时,在斋戒与不斋戒的员工之间没有差别。因此,这一规定使用于所有的员工,不管他们的宗教信仰如何,也不管他们是否斋戒。
在DIFC,只有斋戒的员工可以每天少工作2小时。不斋戒的员工应该按照平时的时间正常工作。
如果我跟平时工作时长一样,我的公司会被处罚吗?
有关当局会经常进行检查,确保公司都按照《劳动法》的规定缩短员工的工作时长。如果公司被发现违反法律规定,当局将有权对他们进行处罚。具体处罚方式由有关当局进行裁定,有可能会以过往案例为基础进行判罚。
DIFC地区同样如此。当局会进行检查以确保公司严格遵守《DIFC雇佣法》的规定,如果发现违法情况,公司将被处以相应处罚。
由于非全日制工作,我能只向员工支付6小时的工资吗?
不可以。不能因工作时长的缩短而削减员工工资。雇主需要像员工平时正常工作时一样向他们支付全额工资。
在迪拜的企业里,不能因为DIFC的员工们进行斋戒工作时间缩短而克扣他们的工资。
注:有不同的法律对阿联酋/迪拜企业以及迪拜国际金融中心(DIFC,拥有独立的劳动法,不同于阿联酋其他地区)的员工雇佣事宜进行了规定(包括自由区,它们服从《阿联酋联邦法》的管辖)。在阿联酋, 1980年第8号令作为《阿联酋联邦法》的补充条款,适用于所有在阿联酋工作的雇员,当然也有少许例外(比如政府工作人员,家政人员等等)。同样,《阿联酋联邦法》2005年第四号法令补充条款也适用于所有在DIFC工作的雇员。
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