Ramadan and employment law: what employers should know

The coming month will, for many people, be dominated by Ramadan: the period during which Muslims fast from sunrise to sunset. Some employers fast themselves. Others wonder whether appropriate measures should be taken to accommodate the needs of fasting employees during this period.

By law, an employer does not owe fasting employees any additional benefits or adjustments to work, hours or location during Ramadan. Eid al-Fitr is also not recognised as a national or statutory public holiday. That said, if an employer does pay attention to fasting staff, this contributes to good employership and can foster stronger connection across the whole team. Some CLAs, incidentally, do contain arrangements relating to Ramadan.

Legislation

Although there is no legislation specifically dealing with employers and Ramadan, a number of points are relevant. The Equal Treatment Act provides that an employer may not prohibit employees from praying at work. In addition, every employee is entitled to a break, and you may not refuse a request to take a day off for a religious holiday (such as Eid al-Fitr).

Prayer
During Ramadan, an employee may wish to pray more often during working hours. Although the employer is not legally required to accommodate this, various things can be facilitated, such as a separate space for prayer.

Leave
A leave request during Ramadan should be handled in the same way as any other leave request. In principle, the employer should approve the request, unless, for example, the employee’s day off would seriously disrupt business operations.

Flexible working hours
Some companies choose to offer flexible working hours during Ramadan. This may mean employees are allowed to leave earlier to break their fast. It is important to keep in mind that, on a working day longer than 5.5 hours, the lunch break may not simply be “replaced” by leaving earlier.

Open communication
It is important for employers and employees to treat each other with respect and communicate openly about any needs or concerns relating to Ramadan. By creating an inclusive and supportive working environment, employers can contribute to their staff’s wellbeing and satisfaction during this period.

Do you have questions? Our lawyers are happy to think along with you!

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