Amid the ongoing conflicts in the Gulf region and the escalation of the Iran vs US-Israel war, expats in the Emirates have been fleeing the region in search of safety and out of concerns for their lives.
Recently, there have been reports of individuals and families upping and leaving so suddenly that many of them have left their own pets abandoned on the streets, tied to a rope or stuck in a box. While informing friends and neighbours might not be necessary while leaving the land, what are the rules about leaving the UAE without formally notifying your employer?
What does the UAE Labour Law allow employees to do and what are the risks, if any?
Employment contract
Well, the conditions depend on the terms of the individual employment contract, along with the employer's internal policies. Also factoring in are the provisions of Federal Decree-Law No. 33 of 2021, (UAE Labour Law).
Unauthorised absence
However, as per Michael Kortbawi, Partner at BSA LAW, employees who leave the country without notifying the employer are considered to be absconding from work. "It is treated as an unauthorised absence from work," he said to Gulf News.
Can employees work remotely?
Many employees mistakenly assume that since remote work is allowed by the company, they can continue doing so while being abroad. However, as per the UAE Labour Law, that is not the case.
Remote work arrangements have to be approved by the employer. These have to be approved in advance through the employment contract or internal company policies.
If the employee leaves without informing the employer, the company is under no obligation to allow remote work, added Kortbawi.
Unless the employer later agrees to a remote working arrangement, the company is within its rights to treat the employee as absent from work. The employment relationship can only continue under those remote conditions if the employer explicitly consents.
Employer rights
Under the UAE Labour Law, an employer can terminate an employee who is absent without a valid reason beyond the specified threshold. For example, seven consecutive days or twenty intermittent days in a single year.
In such cases, the employer may consider the employee to have abandoned their job and also has the right to report this to MOHRE. Here, the termination could occur without the normal notice period, if the absence meets the threshold for disciplinary dismissal.
Additionally, salary obligations may no longer apply since the salary is linked to an employee actually performing their duties. Here, the employer is generally not required to continue paying wages for any period of unauthorised absence.
“Companies may also impose disciplinary measures according to their internal policies, which could include written warnings, investigation procedures, or termination.”
Opt for clear communication
Given the circumstances within the region, where life and livelihood are clouded by uncertainty, it is vital to ensure clear communication with your employer.
However, it is emphatic to know that the UAE Labour Law does not contain specific clauses addressing every permutation of this situation. Thus, a degree of discretion still rests in the hands of the employer and the HR to make decisions depending on a particular case, as it may be.
What should you do?
In case any event or formality requires you to leave the UAE unexpectedly, it is important to notify your employer as quickly as possible and gain approval for a remote working arrangement.
