As regional airspace restrictions continue to disrupt travel across parts of the Middle East, employers and employees in the UAE are seeking clarity on their rights and obligations, specifically around salary continuation, leave deductions, and legal responsibilities when staff are unable to return to the country.
Under UAE Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (the Labour Law), there is no provision that directly addresses this scenario. However, the matter is assessed through the general principles of employment law, including the obligation to perform work, legitimate absence, and the employer’s duty of good faith.
“If an employee is stranded outside the UAE due to circumstances beyond their control, such as war or the closure of airspace, the absence is likely to be considered a legitimate and justified absence,” Rajiv Suri, senior associate at UAE-based law firm Alsuwaidi & Company told Gulf News.
In such cases, employers are expected to assess the situation reasonably and not treat the absence as misconduct.
If an employee is stranded outside the UAE due to circumstances beyond their control, such as war, closure of airspace, etc., the absence is likely to be considered a legitimate and justified absence. In such cases, Employers are expected to assess the situation reasonably and not treat the absence as misconduct. – Rajiv Suri, senior associate at UAE-based law firm Alsuwaidi & Company
Suri advised that affected employees should notify their employer promptly and, where required, provide evidence demonstrating that returning to the UAE is genuinely impossible. He notes, however, that in the current circumstances this burden is somewhat lessened.
“In the present circumstances, the notification of airspace closure has been issued by the UAE authorities, and so the need to furnish individual proof is effectively obviated.” Suri explained.
As per Article 44 of the Labour Law, An employer may terminate employment without notice if an employee is absent without a valid reason for more than seven consecutive days, or more than twenty intermittent days within a single year.
Despite this provision, Suri cautioned that a forced absence due to airspace closures or government-imposed travel restrictions constitutes a valid reason, and employers should proceed carefully.
“If the employee can demonstrate that the absence was caused by unavoidable circumstances such as war or government travel restrictions, any termination could potentially be challenged as arbitrary or unreasonable, particularly if the employer failed to consider the extraordinary circumstances.”
Salary continuation and remote working arrangements
Where an employee remains ready and willing to work and is able to do so remotely, the employer would normally be required to continue paying their salary. This is because the employment relationship subsists and the employee is fulfilling their contractual obligations.
Where the nature of the role requires physical presence in the UAE and remote working is not feasible, Suri explained that alternative arrangements should be considered. “The employer may consider other arrangements such as paid leave, utilisation of annual leave, or mutually agreed unpaid leave.”
In practice, employers in the UAE tend to address such situations through pragmatic arrangements rather than resorting to termination. These may include allowing remote work, granting paid or unpaid leave, or temporarily modifying employment terms by mutual agreement.
“Such measures are generally consistent with the principles of flexibility and good faith recognised under UAE employment law, and serve to reduce the risk of labour disputes.”
UAE travel updates
Flights have resumed on a limited basis at a number of UAE airports, though passengers are urged to confirm their status with their airline before travelling. The following is a summary of current operations at major UAE airports.
DUBAI – DXB and DWC
Flights have resumed on a limited basis at Dubai International and Dubai World Central – Al Maktoum. Passengers should only travel if holding a confirmed ticket and notified by their airline. Access is restricted to confirmed travellers. Emirates is operating a reduced schedule following partial airspace reopening, serving 82 countries.
ABU DHABI – Zayed International Airport
Passengers should not travel unless holding a confirmed ticket and advised by their airline. Etihad Airways will operate a limited schedule to and from 70 countries from 6 to 19 March. The safety and wellbeing of all passengers and staff remain the top priority.
SHARJAH – Sharjah International Airport
Most flights remain suspended, with entry limited to confirmed passengers only. Travellers are urged to verify their flight status before heading to the airport and to use Sharjah Airport’s live departure and arrival updates via its website, SMS, email, or social media channels.
RAS AL KHAIMAH and FUJAIRAH
Both Ras Al Khaimah International Airport and Fujairah Airport have resumed limited operations. Passengers are advised to check with their airlines for the latest updates or rebooking options, and to follow official announcements for further guidance.
Travellers and employers are advised to monitor official UAE government channels and individual airline communications for the most up-to-date information as the situation continues to develop.