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Flexible-working requests in the United Arab Emirates

Mellow Editorial·5 min read

Reviewed by Mellow Editorial Team, HR & payroll content team

Flexible-working requests in the UAE are not governed by a single statutory right the way they are in some other jurisdictions. Employers retain broad discretion over working arrangements, but a clear internal process protects both sides and reduces disputes.

What UAE law actually says

Federal Decree-Law No. 33 of 2021 (the UAE Labour Law) introduced flexible and remote working as recognised work models for the first time. The law defines several permitted working arrangements — part-time, temporary, flexible and remote — but it does not give employees an automatic right to request a change or impose a duty on employers to consider requests formally. The framework establishes that flexible arrangements are permissible and can be set out in the employment contract or a supplementary agreement; it does not mandate a process for handling requests.

This means the rules of engagement are largely what you, as an employer, create. A written policy is not legally required but is strongly advisable.

Building a request process that works

Because the law is silent on procedure, your internal process carries most of the weight. A workable framework typically covers:

Who can apply. Some employers restrict requests to employees who have completed a probation period or a minimum tenure. There is no statutory requirement to do this, but it is a reasonable filter.

What the employee must submit. Ask for the proposed arrangement in writing: the type of flexibility requested (hours, days, location, or a combination), the suggested start date, and a brief explanation of how the role can be performed effectively under the new arrangement. A written request creates a paper trail for both parties.

A reasonable response window. Without a statutory deadline, set your own — 14 to 21 calendar days is practical for most businesses. Acknowledge receipt promptly so the employee is not left in uncertainty.

Grounds for refusal. Common legitimate reasons include operational requirements, client-facing duties that require physical presence, team dependencies, or a role that cannot be performed effectively outside standard hours or the workplace. Document the reason in writing. Vague or undocumented refusals invite grievances.

A trial period option. Agreeing to a time-limited trial — say, three months — before making any arrangement permanent reduces the risk for both sides. Set clear review criteria upfront.

Contractual and payroll considerations

Any agreed change to working hours or location should be documented through a contract addendum or supplementary agreement, signed by both parties. This matters because several statutory entitlements are linked to the employment contract.

A few points to check when formalising a flexible arrangement:

- Salary and WPS compliance. All wages must continue to be paid through the Wage Protection System (WPS) regardless of the working model. If hours are reduced under a part-time arrangement and basic wage changes, recalculate end-of-service gratuity accrual accordingly.

- End-of-service gratuity. Gratuity for expatriate employees accrues on basic wage: 21 days per year for the first five years of service, 30 days per year after that, capped at two years' total pay. A reduction in basic wage under a new arrangement affects future accrual, so make sure employees understand this.

- Annual leave. Employees are entitled to 30 calendar days of annual leave after one year of service. This entitlement does not reduce simply because an employee works a compressed or reduced schedule — check whether your leave policy needs adjusting for part-time models specifically.

- UAE and GCC nationals. Employees enrolled in the GPSSA pension scheme will have pension contributions calculated on their remuneration as defined in their contract. Any change to salary or hours should be reported correctly to GPSSA.

Handling refusals and appeals

If you decline a request, give a clear written reason tied to genuine operational needs. Offer an alternative where one exists — a different form of flexibility, or a later review date. A reasoned refusal is far less likely to become a dispute than a flat no with no explanation.

If an employee disagrees with the outcome, the UAE's internal grievance procedure (which all employers are required to have under the 2021 Labour Law) provides a first step. Unresolved disputes can be referred to the Ministry of Human Resources and Emiratisation (MOHRE).

Sector-specific notes

Free zone companies follow their respective free zone authority regulations alongside federal law. Some free zones have issued their own guidance on remote and hybrid working. If your business is registered in a free zone, verify whether the authority has published any supplementary requirements — most align broadly with federal law but it is worth confirming.

For businesses with staff in multiple countries, coordinating flexible-work policies across jurisdictions adds another layer of complexity. How Mellow runs payroll across six countries on one platform gives a practical illustration of what that coordination looks like in practice.

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This article is general information only and does not constitute legal advice. For guidance specific to your situation, consult a qualified UAE employment lawyer.

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