Unable to Return to the UAE After Leave Due to Travel Disruptions? Here’s What Labour Law Says About Absence, Salary and Job Security

Employees working in the UAE who travel abroad on leave but are unable to return due to unforeseen circumstances such as geopolitical tensions, travel restrictions or flight suspensions may face uncertainty about their employment status. UAE labour law provides guidance on how such situations are treated, particularly in relation to absence from work, salary entitlement and the possibility of termination.

Under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations, employees are generally expected to resume their duties immediately after the end of their approved leave. If an employee fails to return to work without a legitimate reason, the employer is not required to pay the employee for the days of absence following the end of the leave period.

Article 34 of the law states that an employee who does not return directly to work after the completion of leave, without a valid reason, is not entitled to salary for the period of absence that follows. This provision makes it clear that salary payments are linked to an employee’s presence at work unless a legally acceptable justification exists.

The law also outlines the circumstances under which an employer may dismiss an employee without notice. Article 44 permits employers to terminate an employee after conducting a written investigation if specific violations occur. One of the situations mentioned in the law relates to prolonged absence from work.

Under the same provision, an employer may dismiss an employee without notice if the worker is absent without a legitimate reason for more than 20 non-consecutive days in a year or more than seven consecutive days.

However, the law also recognises that certain situations may constitute legitimate grounds for absence. If an employee becomes stranded abroad due to extraordinary developments such as regional conflict, travel bans, airspace closures or cancelled flights, these circumstances may be considered beyond the employee’s control.

In such cases, an employer’s decision to terminate employment solely on the basis of absence could potentially be challenged if the employee can demonstrate that the delay in returning to the UAE was unavoidable and that the employer was properly informed of the situation.

Another concern for employees who cannot return to the UAE is whether they can demand a remote working arrangement. The current labour law does not provide employees with an automatic right to request or insist on working from home if the employer does not already have such a policy in place.

Nevertheless, during exceptional circumstances, UAE Ministry of Human Resources and Emiratisation or other relevant authorities may issue temporary directives or advisories encouraging or allowing remote working arrangements across sectors.

In situations where such directives are not in force, remote work generally depends on mutual agreement between the employee and the employer. If the nature of the employee’s role allows duties to be performed remotely, the employee may request temporary work-from-home arrangements until travel restrictions or disruptions are resolved.

Employees who find themselves stranded outside the UAE are therefore advised to inform their employer immediately, explain the circumstances causing the delay and maintain regular communication. Providing supporting documents such as airline cancellation notices or official travel advisories can also help demonstrate that the absence is due to circumstances beyond the employee’s control.

Maintaining transparency and seeking temporary arrangements with the employer can help reduce the risk of disputes and ensure that employment rights and obligations are managed in accordance with UAE labour regulations.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.