Khaleej Times, Sun, Apr 28, 2024 | Shawwal 19, 1445
UAE: Can employers deduct employee's salary for absence due to heavy rains?
Emirates:
Question: Can
my company deduct my salary for being unable to report to work during the heavy
rains and subsequent floods that happened last week? If our boss does, can we
complain? Please advise. We work in a mainland Dubai company and stay in
Sharjah. We were unable to report to the office last week because of the rains.
Answer: Pursuant to your queries, it is
assumed that the nature of your work requires your physical presence in the
workplace/office of your employer. Therefore, the provisions of Federal Decree
Law No. 33 of 2021 Regulating Employment Relations in the UAE and Cabinet
Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of
2021 Regarding the Regulation of Employment Relations are applicable.
In the UAE, during unstable weather or when a forecast is issued by the National
Meteorology Center (NCM) , the Ministry of Human Resources and Emiratisation
(MoHRE) may advise employers to opt for remote working options or grant
employees paid leaves. This is in accordance to Article 36 of the Cabinet
Resolution No. 1 of 2022, which states, “Subject to the provisions of the
Employment Law and this Resolution:
1. In extraordinary emergency situations, as determined by a Cabinet Resolution,
work measures that are commensurate with the circumstances of those cases may be
applied, taking into account the interests of all the parties to the employment
relationship. Such measures shall include without being limited to the
following:
a. Applying the remote work system.
b. Granting the employee paid leave
c. Granting the employee unpaid leave.
d. Reducing the employee's salary.”
Furthermore, an employer may consider accommodating an employee if the latter
reports late to work due to unstable weather. This is in accordance with Article
15(1)(a) of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the
provisions of Article 17 of the Employment Law:
1. The period spent by the employee commuting between his place of residence and
the workplace shall be counted within the working hours in the following cases:
a. any delay to the employee in transit in case of bad weather and in response
to the warning of the National Centre of Meteorology regarding weather changes
and fluctuations.”
Moreover, if there are reasons beyond the employer's control (force majeure
circumstances such as heavy rain, emergency situations) that render them unable
to have regular operations, the employer may inform the employee and assure
payment of salary for such period and days. This is in accordance with Article
17(2) of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the
provisions of Article 26 of the Employment Law
- If the failure to enable the employee to perform his work is due to
circumstances beyond the employer's control, the employer shall inform the
employee thereof along with guaranteeing the payment of his salary.”
Based on the aforementioned provisions of law, as you are not able to travel to
your office and work due to genuine reasons which were beyond your control, your
employer should not deduct your salary.
However, as an employee, you must inform your employer about your situation by
providing photos and document evidence to your employer, to show the reasons why
you were not able to travel to work. It may be due to heavy rains or water
logging in the locality where you reside. If your employer deducts your salary
for not coming to work due to the recent heavy rain and water-logging situation,
you may file a complaint against your employer with the MoHRE.