Can you leave the UAE without informing your employer?

Dubai: Whether driven by a family emergency, a dispute with a manager, or circumstances in the wider region, employees sometimes find themselves leaving the UAE without formally notifying their employer. But, what does the law actually say and what are the risks?

The answer depends on the terms of the individual employment contract, the employer's internal policies, and the provisions of Federal Decree-Law No. 33 of 2021, (UAE Labour Law).

“Employees that leave the country without notifying the employer are considered to be absconding from work, it is treated as an unauthorized absence from work.” Michael Kortbawi, Partner at BSA LAW, said.

A common misconception is that simply having the ability to work digitally means an employee can continue their role from abroad. In principle, this is not the case under UAE Labour Law.

"Remote work arrangements normally require the employer's approval and are usually agreed in advance through the employment contract or internal company policies. If the employee departs without informing the employer, the company is under no obligation to allow remote work." Kortbawi, added.

Unless the employer later agrees to a remote working arrangement, the company is entirely within its rights to treat the employee as absent from work rather than as performing their duties remotely. The employment relationship can only continue under those remote conditions if the employer explicitly consents.

Under UAE Labour Law, an employer may terminate an employee who is absent without a valid reason beyond a specified threshold, for example, seven consecutive days or twenty intermittent days within a single year.

"In such cases, the employer may consider the employee to have abandoned their job. The employer also has the right to report this to MOHRE. Termination could therefore occur without the normal notice period if the absence meets the threshold for disciplinary dismissal,” Kortbawi, said.

Beyond termination, he explained that salary obligations may also cease. As salary is linked to an employee actually performing their duties, an employer is generally not required to continue paying wages for any period of unauthorised absence.

“Companies may also impose disciplinary measures according to their internal policies, which could include written warnings, investigation procedures, or termination.”

Given the circumstances across the region, clear communication between employees and employers is strongly advised. It is worth noting that UAE Labour Law does not contain specific clauses addressing every permutation of this situation, meaning a degree of discretion ultimately rests with the employer and HR teams to make decisions on a case-by-case basis.

Employees who find themselves in a situation where they must leave unexpectedly would be well advised to notify their employer as promptly as possible, seek formal approval for any remote working arrangement, and seek legal advice where necessary.