UAE Expats Flee Regional Conflict, Leaving Pets and Jobs Behind
Amid the ongoing conflicts in the Gulf region and the escalating tensions between Iran and the US-Israel alliance, expatriates in the United Arab Emirates have been fleeing the area in search of safety. Concerns for personal security and life have driven many to depart so suddenly that reports indicate individuals and families are abandoning their pets on the streets, often tied to ropes or left in boxes.
Legal Implications of Unauthorized Departure
While informing friends and neighbors might not be necessary when leaving the country, the rules regarding departure without formally notifying an employer are critical under UAE law. The conditions depend on the terms of the individual employment contract, the employer's internal policies, and the provisions of Federal Decree-Law No. 33 of 2021, known as the UAE Labour Law.
According to Michael Kortbawi, Partner at BSA LAW, employees who leave the country without notifying their employer are considered to be absconding from work. He explained to Gulf News that this is treated as an unauthorized absence from work, which carries significant risks.
Remote Work Misconceptions and Employer Rights
Many employees mistakenly assume that if remote work is allowed by their company, they can continue working from abroad without approval. However, the UAE Labour Law requires that remote work arrangements be explicitly approved by the employer in advance, either through the employment contract or internal company policies.
If an employee leaves without informing the employer, the company is under no obligation to permit remote work. Kortbawi added that unless the employer later agrees to such an arrangement, the company is within its rights to treat the employee as absent from work. The employment relationship can only continue under remote conditions if the employer explicitly consents.
Under the UAE Labour Law, an employer can terminate an employee who is absent without a valid reason beyond specified thresholds. 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 has the right to report this to the Ministry of Human Resources and Emiratisation (MOHRE).
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 wages are linked to an employee actually performing their duties. Employers are generally not required to continue paying wages for any period of unauthorized absence.
"Companies may also impose disciplinary measures according to their internal policies, which could include written warnings, investigation procedures, or termination," noted Kortbawi.
Importance of Clear Communication
Given the uncertain circumstances in the region, where life and livelihood are clouded by instability, it is vital to ensure clear communication with employers. However, it is important to note that the UAE Labour Law does not contain specific clauses addressing every permutation of this situation. Thus, a degree of discretion still rests with the employer and HR departments to make decisions based on individual cases.
Recommended Actions for Expats
In case any event or formality requires an unexpected departure from the UAE, it is crucial to notify the employer as quickly as possible and seek approval for a remote working arrangement. Proactive communication can help mitigate risks and ensure compliance with legal and contractual obligations.
The situation highlights the broader impact of regional conflicts on expatriate communities, blending personal safety concerns with complex employment legalities in a high-stakes environment.
