Q: I have worked for a company in Dubai. I had a flight ticket to come back to Dubai on May 1st, which is now canceled by Emirates Airlines… A: As of April, all have to work from home unless they are from specific industries. Contact your company and let them know you want to come back…

Dubai, UAE

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Inability to return to the UAE due to COVID-19 and its impact on work contract

Dear Madam,

I have worked for a company in Dubai on an unlimited contract since April 2019. At the end of March, I was sent home to Europe by my employer for my annual leave for the month of April.

I had a flight ticket to come back to Dubai on May 1st, which is now canceled by Emirates Airlines due to the COVID-19 pandemic. What are the consequences if I can not return back to Dubai for the month of May as planned?

Will it be legal for them not to pay my May salary, since it was the company’s decision to send me to annual leave during that pandemic?

Thank you for your advice!

Nikhat Sardar Khan

Kochhar & Co Inc. Legal Consultants (Dubai Branch)

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18 Apr 2020, 15:59

As of April, all have to work from home unless they are from specific industries; such as banking, construction, and the medical sector.

Contact your company and let them know you want to come back but you cannot and if possible work from home. You may be placed on unpaid leave or paid leave under the new resolution.

18 Apr 2020, 16:26

Thank you, Mrs. Khan, for your quick answer.

I work in an industry where it is not possible to work from home. My employer has sent me (as to everyone in the company) a letter "Exempt from move" as we are defined as a vital sector.

Is it possible that the company can place me on unpaid leave without my consent, as I would be willing to work if I could?

Thank you for the clarification!

18 Apr 2020, 16:56

Hi,

Unpaid leave and paid leave does not require your consent. please read this article.

18 Apr 2020, 17:05

Thank you, Mrs. Khan. I had already read your very interesting article and seen the following line:

"2. It has to be in agreement with the employee"

Please can you further explain in which case unpaid leave can be forced without the agreement of the employee?

Many thanks for your help!

19 Apr 2020, 09:41

The resolution is silent on unpaid leave and paid leave, and the contract never covers this aspect. Therefore, there is no requirement. But changes in the salary are related to a contract, hence consent is required.

And yesterday, it came in the newspaper that employees are free to work at a new place without the requirement of a visa. It means there is no scope of claiming arbitrary dismissal compensation too.

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