Can my employer stop my salary if I am stranded outside the UAE?

Dubai: Recent regional developments have affected travel routes, flights, and border access across parts of the Middle East, creating situations where some expatriate workers in the UAE are temporarily unable to return to their jobs.

According to legal experts, if the employee left the UAE due to safety concerns or uncertainty caused by regional tensions, the employer may choose to take a more flexible approach.

However, there is no specific legal clause in the UAE Labour addressing this issue, this does not automatically remove the issue of leaving without notice or approval, particularly if the employee was expected to continue working in person. In practice, these situations are often resolved through discussion between the employee and employer.

If the employee became stranded while travelling on employer-directed business, responsibility generally rests with the employer. The employee remains ready and willing to work, meaning salary would typically continue, along with reasonable costs such as accommodation and rebooked travel.

“If the trip was personal, the situation becomes more nuanced, particularly where remote work is not possible. In practice, periods of geopolitical disruption often turn into workplace negotiations. Employers may attempt to delay, reduce, or renegotiate salary obligations in light of the disruption, creating a tension between legal entitlement and commercial reality," Michael Kortbawi, Partner at BSA LAW, said.

The law nevertheless sets clear limits. Employers cannot simply suspend salary unilaterally, and any deduction must be lawful and consistent with the employment contract.

“More importantly, termination cannot be imposed punitively where employees are isolated from their homeland and unable to return for rational reasons.  Article 44 only allows termination for prolonged absence only where there is no legitimate reason, and being stranded due to conflict, closed airspace, or cancelled flights may well qualify as one," Kortbawi, said.

Article 273 of the UAE Civil Code further allows contracts to be cancelled or adjusted where an unforeseeable event makes performance genuinely impossible.

UAE labour law does recognise situations like this, even if there is no single provision labelled for “stranded workers.” Federal Decree Law No. 33 of 2021 acknowledges that circumstances beyond an employee’s control can interfere with work obligations. Article 42 recognises that employment contracts may be affected where work permit conditions cannot be fulfilled for reasons outside the employer’s control.

“Past disruptions also offer some perspective. During the COVID-19 pandemic, the UAE introduced measures such as visa extensions for workers stranded abroad. While the current regional tensions are different, the legal framework reflects a broader recognition that events beyond an employee’s control can interrupt even the most ordinary employment arrangements,” Kortbawi, explained.

When travel is undertaken at an employer’s direction, the employer’s duty of care travels with the employee. “In periods of conflict and airspace disruption, employers are expected to monitor developments and assist staff if travel plans unravel, whether by arranging alternative routes home, covering additional accommodation and living costs, or ensuring adequate insurance,” Sima Osseiran, Lawyer at BSA LAW, stated.

Even where travel was personal, the situation is not entirely the employee’s burden. UAE labour law requires employers to safeguard workers’ wellbeing, which influences how companies respond when external events prevent an employee’s return. “Excessive pressure to return immediately may create legal risks if it pushes employees toward unsafe travel arrangements, highlighting how quickly workplace obligations can collide with wider regional events.” Osserian added