UAE EMPLOYMENT LAW: MANAGING EMPLOYEES ABSENCES DUE TO ADVERSE WEATHER CONDITIONS

In the UAE, the legal framework surrounding employee absences due to severe weather conditions, such as heavy rains and floods, is clearly outlined in the Federal Decree Law No. 33 of 2021, which regulates employment relations, along with the Cabinet Resolution No. 1 of 2022 concerning its implementation.

Abu Dhabi:  Employees who could not report to work due to adverse weather must be aware of their rights and the employer’s obligations under the law.

Understanding your rights

During extreme weather conditions, the National Meteorology Center (NCM) may issue forecasts that prompt the Ministry of Human Resources and Emiratisation (MoHRE) to recommend remote working or grant paid leave to ensure the safety and well-being of employees.

Legal Provisions for Adverse Weather:

1. Remote Work and Leave Options:

Article 36 of Cabinet Resolution No. 1 of 2022 provides that in extraordinary emergency situations, which could include severe weather, employers may apply measures like remote work systems, paid or unpaid leave, or salary adjustments as deemed appropriate.

2. Commuting Delays:

Under Article 15(1)(a) of the same resolution, if an employee is delayed due to bad weather while commuting, the time spent is counted within their working hours. This is contingent upon the employee responding to weather warnings issued by the NCM.

3. Force Majeure Situations:

Article 17(2) outlines that if regular operations are hindered by circumstances beyond the employer’s control (force majeure), such as heavy rains, the employer must not only inform the employee but also ensure the continuation of salary payment for the period affected.

Exceptions to the rule prohibiting salary deductions for absences during adverse weather

There are some exceptions to the rule prohibiting salary deductions for employee absences during adverse weather conditions in the UAE:

• Lack of Notification: If an employee does not inform their employer about their absence and the reasons for it, the employer is permitted to deduct wages for those days. It is expected that employees will promptly notify their employer if adverse weather prevents them from attending work.
• Unwarranted Absences: Should the employer prove that the employee’s absence was not warranted by the adverse weather conditions, they are entitled to deduct pay for those days. This would require evidence showing that the employee could have safely made it to work.
• Use of Paid Leave: In cases where an employee has a sufficient balance of paid leave, the employer may require the employee to utilize their accrued leave days for any absences instead of providing additional paid leave.
• Adherence to Contractual Terms: If the employment contract or company policies specifically address absences due to adverse weather, the employer may implement those terms, which might include deductions from salary under certain conditions.

Key Steps for Employees to Request Paid Leave or Remote Work During Adverse Weather Conditions in the UAE

1. Notifying the Employer:

Employees are required to inform their employer promptly if adverse weather conditions prevent them from reaching the workplace.

Ideally, this notification should occur before the workday begins.

2. Requesting Paid Leave or Remote Work:

Employees should formally apply for paid leave or the option to work remotely.

The application should be submitted in writing, using email, an internal communication system, or any other procedure established by the organization.

3. Employer’s Assessment:

The employer will assess the request considering the nature of the employee’s job duties and the technological infrastructure available.

Under UAE Labor Law, employers are generally expected to accommodate requests for paid leave or remote work during adverse weather.

4. Employer’s Decision:

Employers should respond swiftly to the employee’s request, approving either remote work or, if that is not feasible, paid leave.

The decision should be communicated to the employee promptly.

5. Documentation Process:

Both the employer and the employee should document the request and approval process in the employee’s personnel records.

This documentation will help demonstrate the employer’s adherence to UAE Labor Law in situations of adverse weather.

Steps to Take If Your Salary is Deducted

If an employer deducts salary despite the provisions protecting employees during adverse weather, the affected employee should:

• Provide evidence (e.g., photos, documents) of the inability to commute due to weather conditions.
• Communicate clearly and promptly with the employer about the situation.
• If the issue is not resolved internally, the employee may file a complaint with MoHRE.

In Conclusion:

UAE law provides robust protection for employees during severe weather conditions, ensuring that they are not unduly penalized for circumstances beyond their control. Employees are encouraged to understand their rights and communicate effectively with their employers during such events to safeguard their interests and well-being.

For legal assistance or to file a complaint, employees can reach out to MoHRE or seek advice from legal professionals in the UAE.

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