UAE: Will I lose my job if I take unpaid leave without telling my boss? – information

The number of days of any approved unpaid leave used by the employee will not be included in the calculation of the period of service

question: Can you explain the concept of unpaid leave? I need to take a long vacation, but I’ve used up all my paid time off. If I choose to take unpaid leave, how is it calculated? How much can I use? If I take time off with the knowledge of my employer, under what circumstances will I lose my job?

Reply: Suppose you are employed by a mainland entity located in the UAE. Therefore, the Employment Act and Cabinet Resolution No. 1 of 2022 on the implementation of Federal Decree No. 33 of 2021 on the management of employment relationships apply.

In the UAE, employees can take unpaid leave with the consent of the employer. This is in accordance with Article 33, paragraph 1, of the Labour Code.

Employees are entitled to unpaid leave in accordance with the above-mentioned legal provisions. However, if the employee does not return to work within 7 days of the end of the unpaid leave, the employer has the right to dismiss the employee.

This is in accordance with Article 44, Item 8 of the “Labor Law”: “The employer may dismiss the employee without notice after a written investigation. The dismissal shall explain the reasons in writing and be made by the employer. Or its representative, if The employee is absent from work for more than 20 days in a year without a legitimate reason or a reason acceptable to the employer, or for more than 7 consecutive days.”

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Additionally, the number of days of approved unpaid leave an employee has received will not be included when calculating length of service. This is in accordance with Section 33(2) of the Employment Act.

An employer may not fire an employee while the employee is on leave unless mutually agreed with the employee. This is in accordance with Article 35 of the Labor Law, “If either party terminates the contract during the vacation period in accordance with the provisions of this Decree and its implementing regulations, the agreed notice period shall prevail. Unless otherwise agreed by both parties, the labor contract shall The content shall only begin on the day following the day the employee returns from leave.”

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It should also be noted that if the employee is absent from work for 7 consecutive days or non-consecutive 20 days, the employer can file a case against the employee for absconding with the Ministry of Human Resources and UAE. This is in line with Article 28 of Cabinet Resolution No. 1 of 2022.

In accordance with the above laws, it is recommended that you take unpaid leave if your employer agrees in writing. In addition, if your employer approves your unpaid leave, you should be cautious about returning to work after such leave ends to avoid termination of employment and an absconding case against you by your employer.

Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise in Dubai, the UK and India. For full details of his company, please visit: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.