[Editor’s note: This article is being reshared as UAE private companies have been encouraged to prioritize worker safety due to ongoing unstable weather conditions.]
Question: Is my employer allowed to deduct my salary because I couldn’t get to work during last week’s heavy rains and floods? If they do, can I file a complaint? We work for a mainland Dubai company and live in Sharjah. The rain prevented us from going to the office last week.
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Answer: Regarding your inquiry, it appears your job requires you to be physically present at your workplace. Therefore, the Federal Decree Law No. 33 of 2021 on Employment Relations and Cabinet Resolution No. 1 of 2022 implementing the law are applicable in the UAE.
In situations of unstable weather or when an alert is issued by the National Meteorology Center (NCM), the Ministry of Human Resources and Emiratisation (MoHRE) may recommend remote work or grant paid leave to employees. Article 36 of Cabinet Resolution No. 1 of 2022 states, “Subject to the Employment Law and this Resolution:
1. In extraordinary emergency situations, as defined by a Cabinet Resolution, appropriate work measures may be implemented, considering the interests of all parties involved. These measures include, but are not limited to:
a. Implementing remote work.
b. Providing paid leave.
c. Offering unpaid leave.
d. Reducing the employee’s salary.”
Additionally, employers might accommodate employees arriving late due to bad weather, as per Article 15(1)(a) of Cabinet Resolution No. 1 of 2022, which states, “In accordance with Article 17 of the Employment Law:
1. The time the employee spends commuting between home and work is counted as working hours in cases such as:
a. Delays caused by adverse weather, following National Meteorology Center warnings.”
If a force majeure event (like heavy rain) prevents regular operations, the employer should inform employees and ensure salary payment during this period, according to Article 17(2) of Cabinet Resolution No. 1 of 2022, which states, “In accordance with Article 26 of the Employment Law:
– If an employee cannot perform work due to circumstances beyond the employer’s control, the employer shall notify the employee and ensure salary payment.”
Based on these legal provisions, since you couldn’t reach your workplace due to unavoidable circumstances, your employer shouldn’t deduct your salary.
However, it’s essential you inform your employer about your situation with photos and documentation explaining why you couldn’t travel, such as areas flooded by rain. If your employer deducts your salary due to the recent heavy rains, you may file a complaint with the MoHRE.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates, with legal qualifications in Dubai, the UK, and India. Full details at: www.amalawyers.com. Readers can email questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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