What happens if a worker does not return from leave in the UAE?

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The worker is not paid for the absence. Article 34 of Federal Decree-Law No. 33 of 2021 says a worker who does not return straight after leave without a legitimate reason has no right to wages for the days after the leave ended. A foreign worker who leaves work without a legitimate reason before the contract ends falls under Article 50.

Abandoning the job

Under Article 50, a foreign worker who leaves work for an illegitimate reason before the end of the contract is not granted another work permit for one year from the absence, and other employers who know may not hire him in that time. The employer must report the absence to the Ministry under the procedures in the Implementing Regulation.

The Ministry may exclude some job categories or skill levels from the one-year ban.

Effect on gratuity

Article 51 excludes unpaid days of absence from the service term used for end-of-service benefits, so unpaid absence after leave also shortens the period gratuity is calculated on.

How SupaJack Construct records it

Leave carries a scheduled return date. Missing punches after that date show on the live attendance board, and the unpaid days flow to the payslip as an itemised unpaid-leave deduction, so the record and the pay agree.

Related tools and guides

See the UAE labour law guide for contractors, the final settlement calculator, the gratuity calculator, the annual leave calculator, the unpaid leave deduction calculator, payroll and WPS in SupaJack Construct, time and attendance and the meaning of basic salary.

Worked example

A plumber's annual leave ends on 31 August and he returns on 10 September with no legitimate reason. The nine days from 1 to 9 September are unpaid. With a monthly wage of AED 3,000 and a daily rate of AED 100, AED 900 is deducted.

Questions people ask

Does a delayed flight count as a legitimate reason?

The law does not list reasons. Keep the evidence, since the employer decides first and MOHRE resolves disputes.

Must the employer report an absent worker?

Yes, under Article 50 and its regulation.

Do the unpaid days count for gratuity?

No. Article 51 excludes unpaid absence.

Sources

  1. Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relationship (MOHRE, consolidated)
  2. Ministry of Human Resources and Emiratisation (MOHRE)

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