- within Employment and HR topic(s)
- within Employment and HR topic(s)
With rising regional tensions and unusual security conditions, some employees may wish to leave the UAE temporarily for safety reasons or family considerations. From a legal perspective, however, it is important to distinguish between the desire to leave and the legal right to stop working or leave the country without the employer’s approval.
As a general rule, as long as the employment contract remains in force, the employee is not entitled to stop work or leave the UAE unilaterally without obtaining approved leave or the employer’s consent. This is because the employee’s work obligations remain valid, along with the obligation to comply with internal policies and workplace procedures.
In this context, it is worth noting that following the escalation in late February 2026, the Ministry of Human Resources and Emiratisation issued an exceptional circular requiring all private sector companies to shift to remote work until 3 March 2026, with the aim of keeping employees away from open and exposed areas. For UAE employers, failure to align with these instructions carries severe legal risks.
From a legal standpoint, such situations do not necessarily amount to force majeure, which automatically brings obligations to an end. More often, they fall within the concept of exceptional circumstances.
Force majeure means that performance has become completely impossible.
Exceptional circumstances, on the other hand, mean that performance is still possible, but has become significantly burdensome or requires special arrangements.
In this regard, Article 249 of the UAE Civil Transactions Law recognises the concept of exceptional circumstances, where performance becomes excessively onerous without reaching the level of impossibility. In such cases, the court may intervene to reduce the obligation to a reasonable level.
Accordingly, any change to the terms or mode of work due to an exceptional security or regional event must be handled within a clear legal and regulatory framework, and in coordination with the employer, rather than by unilateral action from the employee.
The best practical approach in such cases is usually to:
- communicate with the employer to explore possible temprorly adjustments to the employment obligations; considering solutions that protect employee safety, such as remote work, where feasible;
- agree on paid or non paid leave where appropriate; or
- if necessary, submit a formal resignation in compliance with the applicable legal procedures.
Conclusion
Exceptional circumstances may justify flexibility in managing the employment relationship, but they do not automatically give an employee the right to leave the country or stop working without approval. The legally sound approach remains one of coordination, documentation, and lawful adjustment of the employment relationship.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
