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Reading: UAE Labour Law Bars Termination of Workers During Approved Leave
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Justice GCC > Legislation > UAE Labour Law Bars Termination of Workers During Approved Leave
Legislation

UAE Labour Law Bars Termination of Workers During Approved Leave

NewsDesk
Last updated: October 11, 2026 10:23 am
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UAE law protects workers on approved leave | AI-Generated Image
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A Khaleej Times report published on April 15, 2026, outlined how Article 90 of the Federal Decree-Law No. 33 of 2021 Concerning Regulating Labour Relations prevents employers from terminating an employee or serving a dismissal notice during any form of approved leave. The provision applies without prejudice to cases where immediate dismissal without notice or gratuity is allowed under the law, the newspaper detailed. This protection covers annual leave, sick leave and maternity leave among other entitlements, ensuring workers can utilise their time off without fear of sudden job loss during that period.

The Khaleej Times article explained that if an employee fails to return to work immediately after leave concludes without a legitimate reason, the employer bears no obligation to pay salary for the subsequent absence days. This rule stems from Article 34 of the Employment Law, which the report quoted directly as stating that the employee shall not be entitled to salary for the period of absence following the end of the leave. In the scenario of a worker stranded abroad due to circumstances such as flight suspensions or geopolitical issues, such factors may qualify as a legitimate reason, potentially shielding the employee from immediate repercussions.

Prolonged unexcused absence after leave can however justify termination without notice once specific limits are breached, according to the same Khaleej Times coverage. Article 44 of the law permits dismissal without warning after a written investigation if the worker is absent without acceptable excuse for more than seven consecutive days or 20 non-consecutive days, the report specified. Employers must document the decision in writing with clear reasons and deliver it to the employee, maintaining procedural fairness throughout the process.

For terminations that follow standard procedures rather than summary dismissal, either party must provide written notice of between 30 and 90 days as required by Article 43 of the Federal Decree-Law No. 33 of 2021, a related Khaleej Times overview on notice periods indicated. The employee continues to perform contracted duties and receives full wages during this period, while the employer may grant one unpaid day off per week for job searching if the company initiates the termination. Official UAE government guidance on the u.ae platform confirms that the notice period length is typically set within the employment contract itself, provided it falls inside the legal minimum and maximum.

End-of-service gratuity becomes payable upon termination once an employee completes one continuous year of service, with calculations based on the basic wage at 21 days per year for the first five years and 30 days for each subsequent year, according to data from the Ministry of Human Resources and Emiratisation. All final settlements including unused leave balances, notice pay in lieu if applicable and any outstanding wages must be completed within 14 days of the contract’s end, the ministry’s guidelines state. Workers who believe their dismissal qualifies as arbitrary, such as in retaliation for a valid complaint filed with authorities, can seek up to three months’ salary in compensation under Article 47 of the law.

The Ministry of Human Resources and Emiratisation encourages employees facing termination disputes to submit complaints through its online portal or service centres for initial conciliation efforts, a process detailed across multiple Khaleej Times legal explainers. If amicable resolution fails, cases proceed to the competent labour court, with claims valued at or below AED 50,000 potentially resolved directly by the ministry in certain circumstances. The legal framework, which entered into force in February 2022 to update earlier 1980 regulations, applies primarily to private sector workers on the UAE mainland while some free zones operate under separate rules.

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ByNewsDesk
Justice GCC NewsDesk is the desk responsible for Justice GCC's daily news coverage, monitoring and reporting developments across the Gulf from official sources, including national news agencies and government communications. Its focus is accurate, timely and factual coverage of the region.
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