Recent regional developments have resulted in situations where employees are temporarily unable to return to the UAE due to airspace restrictions, security disruptions, or war-related events. These circumstances raise important legal questions regarding salary continuation, leave allocation, contractual obligations, and employer duties.
This advisory analyses the legal framework strictly under:
- UAE Federal Decree-Law No. 33 of 2021
- Cabinet Resolution No. 1 of 2022 (Executive Regulations)
- Relevant principles of UAE Civil Transactions Law regarding contractual performance, good faith, and impossibility, which guide the interpretation of employment obligations in cases where the Labour Law does not explicitly address unforeseen events such as war-related travel disruptions or airspace closures.
There is no specific provision in the Labour Law expressly regulating war-related travel disruption. Accordingly, interpretation is derived from the general legal structure governing employment relationships.
I. Legal Nature of the Employment Relationship
Under the UAE Labour Law (Federal Decree-Law No. 33 of 2021, Article 6(1)), an employment contract is a legally binding agreement between an employer and an employee. By definition, an employment contract is any agreement in which the employee agrees to work for the employer under their supervision and direction, in exchange for a wage or salary that the employer is obligated to pay. The core principle of the employment relationship is simple: work in exchange for remuneration. Salary entitlement is generally linked to the employee’s performance of work, unless otherwise governed by law, the employment contract, or mutual agreement.
II. Salary during inability to return to the UAE
UAE Labour Law does not automatically suspend salary if an employee is temporarily unable to return due to travel restrictions or war-related events.
Determining whether salary should continue depends on several factors:
- Whether the employee remains willing and able to perform work, including remotely.
- Whether remote work is feasible under the employee’s role and contract.
- Whether the absence is attributable to the employee, for example, personal travel versus employer-mandated travel.
- Whether the employment contract or any agreements specifically address such exceptional circumstances.
Employers and employees should document communications and decisions regarding salary to reduce the risk of disputes.
III. Impossibility of Performance – Civil Law Principles
In the absence of express labour provisions, general UAE civil law principles apply. Under the UAE Civil Transactions framework, obligations may be affected where performance becomes objectively impossible due to an external event beyond the control of the parties.
For an event to qualify under impossibility principles, it must generally:
- Be unforeseeable at the time of contracting
- Be beyond the control of both parties
- Render performance objectively impossible, not merely inconvenient or difficult war, government-imposed airspace closures, or legally binding travel restrictions may potentially meet these criteria depending on circumstances. However, impossibility must be evaluated factually in each case.
IV. Force Majeure considerations
The Labour Law does not automatically classify airspace closures as force majeure. Force majeure analysis derives from civil law doctrine, not from a specific labour article.
The legal threshold remains high:
- Performance must be rendered impossible, not merely economically burdensome
- If remote work remains possible, force majeure arguments become significantly weaker
V. Business Travel vs. Personal Travel
A. Employer-Mandated Travel
Where the employee was travelling under employer instruction:
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- The employer bears increased responsibility
- The employee remains performing duties under direction
- Salary continuation is generally expected where work continues
- Employers are expected to act reasonably and in accordance with duty of care principles
This flows from contractual good faith obligations and general civil liability principles.
B. Personal Travel
Where travel was personal:
If the employee cannot return and cannot work remotely:
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- Salary entitlement may be reassessed
- However, unilateral suspension without lawful basis may expose the employer to a labour dispute
Any adjustment must comply with:
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- Contractual terms
- Statutory protections
- Proportionality principles
VI. Annual Leave under the Labour Law
Annual leave is regulated under the Labour Law provisions governing leave entitlements.
Key principles:
- Annual leave is a statutory right
- Leave scheduling requires operational coordination
- The law does not explicitly authorise unilateral conversion of absence into annual leave in all circumstances
Employers should seek agreement before converting disruption periods into annual leave. Unilateral imposition may create legal risk unless clearly supported by contractual clauses consistent with the law.
VII. Remote work framework
The current labour framework recognises flexible working arrangements.
Where an employee is able to perform duties remotely:
- The employment contract remains fully operative
- Salary remains payable
- Remote capability is a decisive factor in disputes
VIII. Absence, Misconduct, and Absconding
An employee unable to return due to external travel restrictions:
- Is not automatically considered absent without justification
- Cannot reasonably be treated as having abandoned employment
- Should not face disciplinary action absent evidence of intentional misconduct
Misconduct requires proof of fault. External legal restrictions do not constitute misconduct.
IX. Employer Duty of Care in Employer-Directed Travel
Where travel is employer-mandated:
The employer must act reasonably in safeguarding employees. This obligation arises from:
- Contractual good faith principles
- Civil liability doctrine
- General duty of care standards
Reasonable measures may include:
- Risk assessment
- Monitoring official directives
- Assistance with alternative arrangements
- Ensuring appropriate insurance coverage
Failure to act reasonably may give rise to civil exposure if negligence is established.
X. How Authorities would assess a dispute
In the event of a labour complaint related to travel disruption, authorities or adjudicators typically consider:
- The employment contract and its terms regarding duties, salary, and leave
- The reason for travel and whether it was employer-mandated or personal
- The feasibility of remote work during the disruption
- Any salary or leave decisions and whether they were reasonable and documented
- Evidence of good faith conduct by both the employer and employee
- Compliance with general statutory protections under UAE Labour Law
Since the Labour Law does not specifically regulate war-related travel disruption, decisions are made on a case-by-case basis, relying on context, evidence, and proportionality. Clear documentation and communication are key factors that authorities will weigh when assessing any dispute.
XI. Legal Risk management guidance
For Employers:
- Avoid automatic salary suspension; consider the circumstances and contractual obligations
- Document all decisions and communications to demonstrate good faith
- Seek mutual agreement with employees for any adjustments to salary, leave, or working arrangements
- Assess each case individually, factoring in travel purpose, remote work feasibility, and operational requirements
- Consider remote work arrangements before applying leave deductions or salary adjustments
For Employees:
- Maintain open communication with your employer regarding travel and availability
- Confirm travel restrictions in writing from official sources
- Document your inability to return and any efforts made to resume work
- Request clarification before accepting any leave deduction or salary adjustment
- Seek written agreement for any changes to salary, leave, or work arrangements
Following these steps can minimise legal risk for both employers and employees and provide a clear record in case of any dispute.
Conclusion
War-related travel disruptions and airspace closures are not directly addressed by UAE Labour Law. Legal outcomes are determined by a case-by-case assessment of employment contracts, operational circumstances, and the ability to perform work remotely.
Key takeaways:
- There is no automatic suspension of salary or termination of employment due to travel restrictions
- Contractual terms, travel purpose, remote work feasibility, proportionality, and good faith are central in any legal assessment
- Both employers and employees should maintain thorough documentation and communicate clearly to minimise disputes
Legal certainty in such situations requires structured interpretation and professional advice, rather than assumptions.
Motei & Associates provides bespoke legal advice on travel-related employment disruptions, ensuring that clients’ rights are fully protected and that all actions remain compliant with UAE labour and civil law.