Stranded abroad during leave? Here’s what UAE law says about your job security
[Editor's Note: Follow Khaleej Times live blog amid US-Israel-Iran war for the latest regional developments.]Question: If I go on leave and get stranded abroad amid the current regional escalation, can my employer fire me? Or is there provision for me to demand work from home despite our organisation not having such an option? Can you explain my legal rights? Answer: Pursuant to your queries, the provisions of the UAE employment law and the subsequent cabinet resolutions are applicable.In the UAE, if an employee does not return to work after their leave ends and has no valid reason for not returning to work, an employer does not have to pay an employee a salary for the days an employee is absent from work after the leave of an employee ends. This is in accordance with Article 34 of the Federal Decree by Law No. 33 of 2021 Concerning Regulating Labour Relations (the “Employment Law").Stay up to date with the latest news. Follow KT on WhatsApp channels.“The employee who does not return directly to work without a legitimate reason after the end of his leave shall not be entitled to his salary for the period of absence following the end of the leave.”Further, the Employment Law sets out the circumstances in which an employer may dismiss an employee without a notice period. In particular, Article 44 of the Employment Law provides that:“The Employer may dismiss the employee without warning, after conducting a written investigation with him, and the decision to dismiss shall be in writing and reasoned, and the Employer or his representative shall hand it to the employee" in certain specified cases.Among these cases, Article 44(8) of the44(8) of the of the Employment Law states:“If the worker is absent from work without a legitimate reason or an excuse acceptable to the employer for more than twenty (20) non-consecutive days, or more than seven (7) consecutive days.”Therefore, an employer may terminate the employment of an employee without a notice period if an employee is absent for the specified duration without a legitimate reason. However, if an employee is stranded abroad due to extraordinary circumstances such as geopolitical developments, travel restrictions, or suspension of flights, such circumstances may constitute a legitimate reason for being absent from work. In such cases, dismissal solely based on absence from work may be challenged by an employee if an employee can demonstrate that the absence was unavoidable and properly communicated to an employer.With respect to remote working arrangements, the employment law is silent on the demand for work-from-home arrangements where an employer has not implemented such a policy. However, in adverse circumstances the UAE Ministry of Human Resources and Emiratisation or any other relevant government authority in the UAE issues notifications / advisories for remote working which apply to all employers. Nevertheless, if an employee remains willing and able to perform their duties and the nature of the role allows the work to be carried out remotely, an employee may request temporary remote work as a practical arrangement during the period they are unable to return to the UAE.In accordance with the aforesaid provisions of the law, in the event you are stranded abroad due to circumstances beyond your control, it is advisable to promptly notify your employer; provide supporting documentation such as travel advisories issued by a relevant government authority or cancelled flights where applicable; and arrange working arrangements with your employer.Applicable law:The Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm are on www.amalawyers.com. Readers may e-mail their questions to news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai. Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel. UAE jobs: Is it legal to make employees work during annual leave?How long can you stay in the UAE after work visa is cancelled?
[Editor's Note: Follow Khaleej Times live blog amid US-Israel-Iran war for the latest regional developments.]
Question: If I go on leave and get stranded abroad amid the current regional escalation, can my employer fire me? Or is there provision for me to demand work from home despite our organisation not having such an option? Can you explain my legal rights?
Answer: Pursuant to your queries, the provisions of the UAE employment law and the subsequent cabinet resolutions are applicable.
In the UAE, if an employee does not return to work after their leave ends and has no valid reason for not returning to work, an employer does not have to pay an employee a salary for the days an employee is absent from work after the leave of an employee ends. This is in accordance with Article 34 of the Federal Decree by Law No. 33 of 2021 Concerning Regulating Labour Relations (the “Employment Law").
Stay up to date with the latest news. Follow KT on WhatsApp channels.
“The employee who does not return directly to work without a legitimate reason after the end of his leave shall not be entitled to his salary for the period of absence following the end of the leave.”
Further, the Employment Law sets out the circumstances in which an employer may dismiss an employee without a notice period. In particular, Article 44 of the Employment Law provides that:
“The Employer may dismiss the employee without warning, after conducting a written investigation with him, and the decision to dismiss shall be in writing and reasoned, and the Employer or his representative shall hand it to the employee" in certain specified cases.
Among these cases, Article 44(8) of the44(8) of the of the Employment Law states:
“If the worker is absent from work without a legitimate reason or an excuse acceptable to the employer for more than twenty (20) non-consecutive days, or more than seven (7) consecutive days.”
Therefore, an employer may terminate the employment of an employee without a notice period if an employee is absent for the specified duration without a legitimate reason.
However, if an employee is stranded abroad due to extraordinary circumstances such as geopolitical developments, travel restrictions, or suspension of flights, such circumstances may constitute a legitimate reason for being absent from work.
In such cases, dismissal solely based on absence from work may be challenged by an employee if an employee can demonstrate that the absence was unavoidable and properly communicated to an employer.
With respect to remote working arrangements, the employment law is silent on the demand for work-from-home arrangements where an employer has not implemented such a policy.
However, in adverse circumstances the UAE Ministry of Human Resources and Emiratisation or any other relevant government authority in the UAE issues notifications / advisories for remote working which apply to all employers.
Nevertheless, if an employee remains willing and able to perform their duties and the nature of the role allows the work to be carried out remotely, an employee may request temporary remote work as a practical arrangement during the period they are unable to return to the UAE.
In accordance with the aforesaid provisions of the law, in the event you are stranded abroad due to circumstances beyond your control, it is advisable to promptly notify your employer; provide supporting documentation such as travel advisories issued by a relevant government authority or cancelled flights where applicable; and arrange working arrangements with your employer.
Applicable law:
The Federal Decree by Law No. (33) of 2021 Concerning Regulating Labour Relations
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm are on www.amalawyers.com. Readers may e-mail their questions to news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
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