UAE Midday Break for Open-Air Workers Begins June 15 – Employer Obligations

UAE employers are obliged to ensure the 12:30 to 15:00 midday break for open-air workers from June 15 to September 15, 2024. The Ministry of HR and Emiratisation has also released a list of exemptions and worker amenities to be provided in such scenarios.

By Arendse Huld

The UAE’s Ministry of Human Resources and Emiratisation (MOHRE) has announced the start of the annual mandatory midday break for people working in open-air areas or direct sunlight. The 12:30 to 15:00 midday break will be in place from June 15 to September 15, 2024.

According to the World Bank’s Climate Change Knowledge Portal, mean temperatures in the UAE between June and September range from 32°C to 37.2°C. Extreme temperatures above 50°C are also expected, making outdoor labor during the hottest hours of the day potentially lethal or damaging to health.

The UAE has been implementing the midday break for 20 years. According to the MOHRE, the break “aims to provide a safe working environment that adheres to best practices and standards of occupational health and safety, protecting workers against injuries that may result from working in high temperatures during the summer months.”

The MOHRE has said it will be carrying out inspections of work sites to ensure employers are complying with the regulations and fulfilling their obligations to employers. It will also be launching an awareness campaign to “educate workers and employers about the importance of complying with the Midday Break during its enforcement period”.

Obligations of employers

Under the Ministerial Resolution No. (44) of 2022 Regarding Occupational Health and Safety and Labor Accommodation, all work performed directly under the sun or in open places is strictly prohibited between 12:30 and 15:00 from June 15 to September 15 every year. Employers are not permitted to resume operations until 15:00.

Under Article 11 of the Administrative Decision No. (19) of 2023 Relating to Occupational Safety and Health & Labour Accommodations, employers are also required to provide shaded areas for workers during this rest period.

Exceptions

Certain work tasks that are considered essential or cannot be interrupted are exempted from being carried out during the midday break hours.

These tasks are:

1. Concrete pouring and asphalt mixing cannot be completed in the afternoon.
2. Repairs and maintenance necessary to avert dangers, damages, malfunctions or accidental losses including:
   1. Cutting off the water supply.
   2. Cutting off sewer lines.
   3. Disconnection of electrical power
   4. Blocking or obstructing major roads
   5. Cutting off gas or petroleum pipelines
3. Projects that require permission from the competent authorities due to their impact on traffic and services, if the permit requires work 24 hours a day.

Employers are required to ensure certain amenities and provisions to workers who carry out the exempted tasks during the midday break. These are:

1. Ensuring the worksite has enough cold drinking water to accommodate the number of workers.
2. Providing hydration fluids, such as lemon juice and minerals, approved by the country’s health authorities.
3. Providing on-site first aid materials.
4. Providing a sufficient supply of air conditioning.
5. Providing canopies and sun shades.

Liabilities for violations of the midday break

As mentioned, the MoHRE will be monitoring compliance with the midday break among employers through inspections and receiving reports on violations from community members. Community members can report workplace violations by calling the MOHRE’s call center at 600 590 000, or through its website or smart application.

According to the MOHRE, companies found to violate the midday break regulations can face a fine of AED 5,000 (US$1,361) for each employee found to be working during the break, and up to AED 50,000 (US$13,613) for multiple workers.

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