Question: Last week, heavy rains and subsequent flooding prevented me from getting to work in Dubai from Sharjah. Is my company allowed to deduct my salary for these days? Can we file a complaint if our salaries are deducted under these circumstances? Please advise.
Answer: Based on your situation, it appears your job necessitates being physically present at your employer's office. In this context, the relevant laws are Federal Decree Law No. 33 of 2021, which regulates employment relations in the UAE, and Cabinet Resolution No. 1 of 2022 which implements this law. These regulations will apply to your case.
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 leave.
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 emergencies, 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, emergencies) 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 that 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.
News Source: Khaleej Times
