Thousands of residents who are employed in the United Arab Emirates are unable to travel back due to cancellations of flights and disruptions of airspace resulting from the ongoing Iran-US-Israel conflict.
The disruptions have affected many workers in the United Arab Emirates, especially expatriate workers, who are the majority of the workforce in the country. This has made them stay outside for a longer period than expected, and they are worried that they may lose their jobs due to the disruption of flights and airspace.
The problem has been covered by law, according to Federal Decree-Law No. 33 of 2021, which sets out how employers and employees should deal with workplace disruptions caused by circumstances beyond a worker’s control.
The problem has been a concern, especially for workers who are employed in cities like Dubai and Abu Dhabi and are unable to travel back to their place of work.
When absence from work may be considered justified
According to the UAE labor laws, the main issue here would be whether the employee's absence can be considered justified or not.
According to legal experts, if the employee is not able to come back because of travel bans or flight suspensions due to the ongoing conflict in the region, the employee's absence can be considered justified. In these cases, the employers need to evaluate the situation before taking action against the employee.
However, the employees are expected to notify their employers about their absence and provide documents if necessary, such as cancelled flight tickets or travel advisories.
Similar cases were reported during the COVID-19 pandemic, in which border closures forced UAE residents to stay out of the country for a long time.
What happens to salary during the absence
The payment of salary is mostly dependent on whether the employee is able to work while abroad or not.
If an employee is able to work remotely from abroad with the approval of the company, then the salary is paid as agreed upon in the employment contract. If an employee is unable to work remotely from abroad, then other options are:
Employees are entitled to paid annual leave. The employer has the right to deduct this absence from the employee’s accumulated annual leave, which is 30 days after serving one year. If leave is exhausted, then both parties can agree to give the employee unpaid leave until such a time that he/she is able to return. Some companies allow their employees to work from abroad if their work can be done remotely. The final decision depends upon the company.
Can employers terminate stranded employees?
Concerns about termination have also been raised by workers who are unable to return to the UAE.
Under labour laws, termination without notice is allowed in certain circumstances such as serious misconduct or prolonged absence without valid reasons.
If the prolonged absence is due to circumstances beyond the control of the worker such as war, closure of airspace, or government restrictions on travel, then such an absence may be deemed justified.
However, if an employee fails to turn up to work for over seven consecutive days without valid reasons, then the employer has grounds to terminate the contract after conducting a formal inquiry.
Remote work arrangements during travel disruptions
In some instances, companies have allowed workers who are stuck in other countries to continue working remotely until they return to the UAE.
Remote working is allowed if both the employer and employee consent to it. Companies also consider other factors, such as data protection, nature of work, and time zone, before allowing remote working.
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Some jobs, such as those in the tech, finance, marketing, and consulting sectors, are best for remote working, while others, like those in hospitality, construction, and healthcare, may demand physical presence.
Steps employees should take if stranded abroad
Legal experts advise that if an employee is unable to travel back to the UAE, he should:
Communicate with the employer as quickly as possible.
Furnish documents like cancelled flight tickets and official advisories.
Consider and explore all possibilities with the employer, like work from home and leaves.
Documentation of all communication with the employer is a good idea so that any misunderstandings do not arise in the future.
