In the UAE, businesses operate under a structured labor law system that governs employee behavior, including unauthorized or deliberate absenteeism. Companies have the right to address such instances seriously, as consistent attendance is vital for smooth operations. Absenteeism without informing, or when it is deliberate, affects productivity, workflow, and team morale, and can lead to disciplinary actions.
Absent Without Prior Notice in the UAE
In the UAE, when an employee is absent without informing the company, it is treated as a breach of the employment contract. Both mainland companies and those operating in the free zones are guided by Federal Decree-Law No. (33) of 2021 on the regulation of labor relations. Article 40 of the law states that unauthorized absence, especially repeated offenses, can be grounds for disciplinary action, including dismissal.
If an employee misses work for more than seven consecutive days or twenty intermittent days within a year without informing, this can be considered gross misconduct and may lead to termination.
Steps Companies Can Take for Deliberate or Unauthorized Absenteeism
- Verbal Warning: If it’s a first-time offense or minor absenteeism, a company may issue a verbal warning. This serves as a reminder to the employee about company attendance policies and the importance of adhering to the rules.
- Written Warning: If absenteeism persists, a formal written warning may be issued. This is documented in the employee’s file and serves as an official record of the misconduct.
- Salary Deduction: Under certain circumstances, companies are allowed to deduct the employee’s salary for the days they were absent without proper notice. However, this action must align with the company’s internal policies and UAE labor law.
- Suspension: For repeated offenses, employers can choose to suspend the employee for a specified period without pay. This is considered a severe penalty and is usually used as a last resort before termination.
- Termination: According to UAE labor law, a company can terminate an employee if absenteeism persists or if the absence is for more than seven consecutive days or twenty non-consecutive days in a year. In such cases, termination is considered valid under the grounds of gross misconduct.
- Legal Action: In extreme cases, particularly for employees in critical roles, deliberate absenteeism without informing the company could lead to legal action. Employers may file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) to recover any damages caused due to the employee’s actions.
The Importance of Clear Communication and Attendance Policies
To avoid misunderstandings, companies must clearly outline their attendance policies during the onboarding process. Employees should be aware of the consequences of unauthorized absenteeism, the proper process for requesting leave, and what to do in case of an emergency. Having a well-defined and accessible policy can reduce the risk of deliberate or unintentional absenteeism.
Common Reasons for Absenteeism
There are various reasons why employees might be absent without informing the employer, including:
- Personal or family emergencies
- Health issues
- Transportation difficulties
- Job dissatisfaction
However, regardless of the reason, the law emphasizes that the employee has an obligation to inform their employer of any absence as soon as possible. This enables the company to make adjustments to the workload and ensures a transparent working relationship.
FAQs
1. Can an employee be terminated for a single day of absence?
No, an employee cannot be terminated for being absent for a single day unless there is a pattern of repeated absenteeism. However, if the absence continues for seven consecutive days without informing the employer, it becomes grounds for dismissal.
2. Can a company deduct salary for unauthorized absenteeism?
Yes, companies in the UAE are allowed to deduct salary for days when an employee is absent without authorization. This should be aligned with the company’s internal policies and local labor laws.
3. What happens if the employee had a genuine emergency but couldn’t inform the company in time?
In case of a genuine emergency, employees should inform the company as soon as possible. Companies may be lenient in such cases, especially if the employee provides valid proof, such as a medical certificate or emergency documentation.
4. How many days of absence are allowed in a year?
According to UAE labor law, if an employee is absent without informing the company for more than seven consecutive days or twenty intermittent days in a year, it can be considered as grounds for termination.
5. Can an employer take legal action for absenteeism?
In extreme cases, yes. If an employee’s absenteeism causes significant damage or loss to the company, the employer can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
Understanding the legal framework surrounding absenteeism in the UAE helps both employers and employees maintain a smooth, transparent, and professional working environment. It’s essential for employees to respect attendance rules, and for companies to enforce their policies fairly and consistently.
You Should Read This Also: Annual Leave for Domestic Workers
