Questions & Answers
Is it legal to force unpaid leaves by the employer?
Mr Sharif,
Assalam-O-Alaikum,
I would like to ask, can the employer ask for/issue a letter to the employee to proceed on long unpaid leaves due to a cost-cut and certain reasons, and ask him/her to join when required?
The employer will provide all pending salaries and will provide two-way ticket upon exit and joining.
Regards,
Riaz
Dear Riaz,
Good Afternoon.
With reference to your inquiry, kindly be informed that the said action from the employer's side is utterly illegal.
The employer shall comply with the UAE Federal Labor Law "IN FULL" and not try to create new legal principles out of his very own beliefs.
The employee is either working "ON DUTY" or on his paid vacation. On One hand, there's nothing called forcing the employee(s) to take an unpaid vacation...etc.
On the other hand, the employee(s) is not obliged to abide by that unprecedented request in any way whatsoever.
If the employer's fiscal situation is going fine, then the employment relationship shall survive. If not, then he shall terminate his employees and pay them their entitlements in their entirety.
Hope the above has made everything crystal clear at your end.
Kind Regards,
Sherif M. ElKhatib
+971 505050 835
