Can we terminate a staff member who did not return to work after annual leave?

Hello,

Termination Under Article 44, Clause 8: If you choose to apply Article 44, Clause 8, you will need to demonstrate that the employee has been absent for over 7 consecutive days and has failed to communicate or provide any update after initially citing the legal issue as the reason for their absence.

You want to send one final notice informing the employee that if they do not respond within a specified timeframe (e.g., 24-48 hours), you can proceed with termination under Article 44, Clause 8 due to unauthorized and uncommunicated absence.

For further assistance, kindly share your whatsapp number.

Dear questioner

Yes, you can terminate the employee by mentioning the reason according to Article 44 Clause 8. Even if they have legitimate reasons but still, if it is not acceptable to the employer, then this section will apply.

A travel ban does not mean condemnation.

A final criminal ruling must be issued by the competent court for a crime against honor or trust

Public morals

If the worker is absent without a legitimate reason for more than twenty intermittent days during one year or more than seven consecutive days.

But we see that he told you. Therefore, you can contact him again through the Ministry of Human Resources and Emiratisation to carry out the procedure followed in such cases.

Hello,

According to the UAE Labour Law, Federal Decree-Law No. (33) of 2021 on the Regulation of Labour Relations, Article (34) addresses absence following annual leave.

It states that an employee who fails to return to work directly after their leave without a legitimate reason is not entitled to wages for the days of absence following the end of the leave.

Article (44) covers cases where an employer may terminate an employee without notice. Specifically, Clause 8 allows termination if the employee is absent without a legitimate reason or an excuse acceptable to the employer for more than 20 intermittent days within one year, or more than 7 consecutive days.

Based on the above, if your employee has been absent for more than 7 consecutive days after the end of their annual leave, you have the right not only to withhold wages for the period of absence but also to terminate the employment without notice.

However, in this case, it is essential to follow the requirements of the law, which include conducting a written investigation with the employee and issuing a written, justified termination decision.

This decision must be delivered to the employee, and this can be done via email, as it is an accepted form of evidence.

Additionally, I advise notifying the Ministry of Labour formally to ensure all aspects of the issue are fully addressed and to protect your legal position.

Should you need further assistance with the procedure, feel free to reach out.

Dear R.,

Thanks for your inquiry.

Regarding the above, we would like to inform you that, in your case, you might consider the following steps:

Document Everything: Keep records of all attempts to contact the employee, including dates and methods of communication. Document their last communication regarding the travel ban and legal issues.

Article 44 Clause 8: This clause allows termination of employment if an employee is absent without a valid reason for more than 7 consecutive days.

However, the interpretation of "valid reason" is crucial. While the employee has cited legal issues, the lack of communication might weigh against them.

Consider Sending a Formal Notice: If you decide to proceed with termination, you might need to send a formal notice to the employee’s last known contact, informing them of the situation and the actions you plan to take.

Evaluate Operational Needs: Since you’ve indicated that the absence is impacting operations, consider if temporary solutions (like a replacement) are feasible while resolving this matter.

Each situation can be unique, so getting professional legal counsel to navigate this properly is essential.

Kindly do not hesitate to contact us by phone or email for further assistance.

Greetings

In your situation, Article 44 of the UAE Labour Law (Federal Decree-Law No. 33 of 2021) could apply, specifically Clause 8, which allows for dismissal without notice if an employee is absent for more than seven consecutive days without a legitimate reason.

Applying Article 44, Clause 8:

Clause 8 of Article 44 permits termination when an employee is absent for more than seven consecutive days without justifiable reason.

In your case, the employee did initially provide a justifiable reason for their absence (a travel ban due to legal issues).

However, after September 13th, they have been unreachable and you have not received updates on their situation.

Given this, you could argue that after the initial legitimate reason provided (the travel ban and hearing on September 13th), the employee has failed to maintain communication or provide any further explanation, which may justify invoking Article 44, Clause 8.

Legal Considerations:

Assessment of "Legitimate Reason": Although the employee initially gave a reason (the travel ban), the lack of follow-up communication might weaken their justification.

You have the right to request proof of the travel ban or court hearing documents to substantiate their claim.

Process Before Termination:

To avoid complications, it is recommended to issue a written notice requesting the employee to provide further details about their absence, including proof of the legal issue and a definitive return date.

If the employee fails to respond within a reasonable time (usually within a week), you can then proceed with termination under Article 44.

Next Steps:

Issue a formal warning requesting the employee to submit proof of the legal issue and confirm their availability.

If there is no response, you can proceed to terminate under Article 44, Clause 8, citing unjustified absence beyond seven days.

Ensure all communication is documented to protect your legal position in case the employee contests the termination.

Conclusion:

If the employee continues to be unresponsive and fails to provide further justifiable reasons for their absence, Article 44, Clause 8 would likely be applicable, and you may proceed with termination without notice.

Let me know if you need assistance drafting the formal communication or with the termination process!

Best Regards,

Omar Mosaad

Article 44 Clause 8 may apply depending on its specific wording and interpretation concerning legitimate reasons for absence, it is essential to balance this with operational needs and legal considerations before making any final decisions regarding employment status.

You can terminate his employment, and you are not responsible for the legal issues he is facing.

Thank you for reaching out with your question. This situation indeed seems complex, particularly because it involves a legal matter in the staff member's home country.

Under Article 44, Clause 8 of the UAE Labour Law, termination without notice is permissible if an employee is absent for more than seven consecutive days without a legitimate reason.

However, in this case, since the employee has informed you of the travel ban and the legal issue, this could be considered a legitimate reason for their absence.

That said, if the employee has failed to communicate further after the promised update or to provide proof of their legal situation, it could potentially affect the legitimacy of their absence.

I would advise you to proceed cautiously in terminating the employee to avoid any possible legal repercussions.

We can help you review the specific details of the situation and guide you on the best approach, whether it’s based on labor law provisions or working towards a mutually agreeable exit for the employee.

Please feel free to reach out to me via WhatsApp or phone to discuss the matter further and explore your options.

Best regards,

Suhail Rana