When conflict or war breaks out unexpectedly in a region, many UAE‑based employees find themselves unable to return from annual leave. Flight cancellations, border closures, and safety concerns can make it impossible to resume work on time. This situation creates understandable anxiety about job security and the risk of termination. UAE labour law, however, provides important protections for employees who are stranded abroad due to circumstances beyond their control.
Your Job Cannot Be Terminated for Reasons Outside Your Control
UAE labour law requires that termination be based on legitimate and lawful grounds. An employee who is unable to return to the UAE because of war, closed airports, or unsafe travel conditions is not committing misconduct. Courts and the Ministry of Human Resources and Emiratisation recognise that such delays fall under unavoidable circumstances.
If the employee can show that travel was impossible or unsafe, termination on this basis may be considered arbitrary. Employers are expected to act reasonably and take into account the exceptional nature of the situation.
How Your Absence Is Treated Under UAE Labour Law
If you cannot return to work due to the war situation, your absence is considered justified. Employers may treat the additional days as extended leave or unpaid leave depending on internal policy and mutual agreement. The key requirement is that the employee keeps the employer informed and provides evidence of the circumstances.
Employees should retain documents such as airline cancellation notices, government travel advisories, embassy announcements, or official news reports confirming the situation. Clear communication protects the employee’s rights and demonstrates good faith.
Salary During the Extended Absence
UAE labour law does not require employers to pay salary for days beyond approved annual leave. However, the employer cannot impose penalties or disciplinary measures for an absence caused by war or force majeure. Many employers resolve this by treating the additional period as unpaid leave or by adjusting future leave balances. Any arrangement should be documented and agreed upon.
Force Majeure and Its Impact on Employment
War, natural disasters, and border closures fall under the concept of force majeure. UAE courts recognise that employees cannot be held responsible for events outside their control. If the employee can demonstrate that they attempted to return and that travel was impossible or unsafe, the employer cannot claim abandonment of work or unauthorised absence.
Force majeure protects employees from unfair consequences arising from global events.
What Happens if the Employer Threatens Termination
If an employer attempts to terminate an employee who is stranded abroad despite clear evidence of the situation, the employee may file a complaint with the Ministry of Human Resources and Emiratisation. The Ministry will review the circumstances, assess the employee’s communication and documentation, and determine whether the employer acted lawfully.
If termination is found to be unjustified, the employee may be entitled to compensation for arbitrary dismissal.
Extended Inability to Return and Long‑Term Solutions
If the conflict continues for an extended period, employers and employees may need to agree on temporary arrangements. These may include remote work where possible, extended unpaid leave, temporary suspension of duties, or a delayed return until safe travel resumes. The law encourages reasonable solutions that balance business needs with employee safety.
Visa and Residency Considerations
If an employee’s visa is due to expire while they are stranded abroad, the employer must attempt to renew it remotely or coordinate with immigration authorities. During major crises, UAE authorities often introduce grace periods or special measures to ensure that employees are not penalised for circumstances beyond their control.
How Employees Can Protect Their Rights
Employees should take practical steps to safeguard their position. These include keeping all travel‑related documents, saving airline cancellation emails, obtaining embassy letters where possible, and maintaining regular communication with the employer. Written updates and documented evidence are essential in demonstrating that the delay was unavoidable.
Conclusion
Being stranded abroad during a war or crisis is a deeply stressful experience, but UAE labour law recognises that such situations are beyond the employee’s control. Employers cannot terminate employment simply because the employee is unable to return on time. With proper communication and documentation, job security remains protected.
Our team at Ayesha Al Dhaheri Advocates and Legal Consultants assists employees and employers in navigating labour‑law issues arising from emergencies, travel restrictions, and force majeure situations. We provide clear guidance on employee rights, employer obligations, and the legal steps needed to protect employment during unexpected global events. If you are stranded abroad or facing pressure from your employer, we are here to support you with clarity and confidence.
