Stranded Outside the UAE During Regional Disruption? How the Law Addresses Salary, Work Duties and Employer Obligations

Recent regional developments have disrupted travel routes, flights and border access across parts of the Middle East, leaving some expatriate employees temporarily unable to return to the UAE to resume their duties.

 

Legal experts note that when an employee leaves the UAE because of safety concerns or uncertainty arising from regional tensions, employers may choose to adopt a flexible approach. The UAE Labour Law does not contain a specific provision that directly addresses situations in which workers are stranded abroad due to geopolitical developments. At the same time, the absence of a specific clause does not automatically remove questions related to leaving the country without prior notice or approval, particularly when the employee is expected to work in person. In many cases, such matters are resolved through communication and practical arrangements between the employee and the employer.

 

The question of salary largely depends on the circumstances under which the employee travelled. If a worker becomes stranded while travelling on business at the direction of the employer, responsibility generally lies with the employer. In such situations the employee is still considered ready and willing to perform duties, meaning salary payments would normally continue along with reasonable expenses such as accommodation and rearranged travel.

 

If the travel was for personal reasons, the situation becomes more complex, especially where the employee cannot perform duties remotely. Periods of geopolitical disruption frequently result in workplace negotiations over pay and responsibilities. Employers may seek to postpone, reduce or renegotiate salary obligations during the disruption, creating a practical tension between contractual rights and business realities.

 

However, the law places limits on such actions. Employers are not permitted to suspend salary unilaterally, and any deductions must comply with the law and the terms set out in the employment contract. Termination also cannot be used as a punitive response when an employee is genuinely unable to return to the UAE for reasons beyond their control.

 

Article 44 of the UAE Labour Law permits termination for prolonged absence only when there is no legitimate justification. Being stranded because of conflict, closed airspace or cancelled flights may constitute a valid reason that prevents the employee from returning to work.

 

The legal framework also recognises the impact of unexpected events on contractual obligations. Article 273 of the UAE Civil Code allows contracts to be cancelled or modified when an unforeseeable circumstance makes performance genuinely impossible.

 

Remote work does not automatically apply in these situations. Nevertheless, the UAE’s labour legislation acknowledges that circumstances beyond the control of employees may interfere with normal work arrangements. Federal Decree Law No. 33 of 2021 recognises that employment contracts may be affected when work permit conditions cannot be fulfilled for reasons outside the employer’s control.

 

Previous disruptions provide some guidance on how such situations may be handled. During the COVID-19 pandemic, the UAE introduced measures such as visa extensions for workers who were unable to return to the country because of travel restrictions. Although current regional tensions are different, the legal framework reflects broader recognition that extraordinary events can interrupt even routine employment relationships.

 

Employer responsibilities also depend on the purpose of travel. When an employee travels on official business, the employer’s duty of care generally extends throughout the trip. During periods of conflict or airspace disruption, employers are expected to monitor developments and assist employees if travel plans collapse. This assistance may include arranging alternative routes, covering additional accommodation and living expenses, or ensuring that employees have adequate insurance and support.

 

Even when the travel was personal, the situation is not considered solely the employee’s responsibility. UAE labour law requires employers to safeguard the wellbeing of their workforce, which can influence how companies respond when external events prevent an employee from returning. Excessive pressure to travel back immediately may expose employers to legal risk if it encourages employees to undertake unsafe travel arrangements, highlighting how quickly workplace obligations can intersect with wider regional developments.

 

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