UAE: What happens when employees get stranded abroad due to war or conflict?

Khaleej Times

5 hours ago

[Editor's Note: Follow the KT live blog for live updates on the Israel-Iran conflict.]
T.W., a 29-year-old Canadian expat working as a producer for a private company in Dubai, travelled to Jordan on June 5 to spend Eid Al Adha with her family. She had planned to return on June 13 and resume work on June 16. But due to mounting regional unrest and flight suspensions by several airlines, her return was disrupted.
This is the same situation some UAE-based employees found themselves in after they left the country for a brief vacation and family visit recently. They found themselves stranded abroad due to travel disruptions caused by the Israel-Iran conflict. Some were visiting relatives, while others were simply on holiday.
What began as a short trip suddenly turned into an indefinite stay, with war-related airspace closures and airport shutdowns preventing their return.
As days pass, their concerns have shifted from simple logistics to the legal implications of their absence: Will they be considered officially absent from work? Will these days be deducted from their annual leave? Will they face salary deductions or disciplinary action?
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Sharing her own experience, T.W. told Khaleej Times: 'I don't feel comfortable. There's definitely a lot of stress and uncertainty.'
While part of her role allows for remote work, much of her job still requires physical presence in the office. 'Thankfully, HR has been very understanding and helpful,' she added. 'We're all navigating this for the first time and trying to adapt.'
Legal guidelines
Speaking to Khaleej Times, Emirati lawyer Adnan Obaid Alshaali said the UAE Labour Law provides specific guidelines for handling such situations.
He said: "If an employee fails to return to work after leave without a legitimate reason, their absence may be deemed unlawful.
'If an employee is absent without a valid excuse accepted by the employer for more than 20 intermittent days in a year or more than seven consecutive days, the employer has the legal right to terminate the contract without notice,' said Alshaali. 'This must follow a written investigation and an official termination decision.'
However, the law also allows for flexibility during force majeure events. Employers may offer remote work arrangements, grant paid or unpaid leave, or temporarily reduce the employee's salary.
To benefit from these provisions, the employee must provide evidence showing that the situation was beyond their control, such as official airline cancellation notices or government-issued travel restrictions.
Alshaali emphasised employers are encouraged to maintain communication with affected employees to determine whether they can return to work or require further support. 'The goal is to ensure workflow continuity while addressing the employee's situation with understanding.'
Federal rules
For UAE government employees, the legal approach is outlined under federal human resources.
In exceptional circumstances recognised by the law, government entities are allowed to grant employees unpaid leave during the period of disruption, as deemed necessary for business continuity.
However, if a government employee fails to provide an acceptable justification for their absence, the consequences are severe.
'If the absence extends for 10 consecutive working days without a valid excuse approved by the appointing authority, the employee's service may be terminated, effective from the first day of absence,' Alshaali explained.
Notably, if the employee had official approval for their leave, the process remains compliant with regulations. But if the travel was unauthorised, the absence is considered unexcused, potentially resulting in unpaid leave or termination, depending on the employer's discretion and the employee's conduct.