Employees Stranded in the Middle East: Key Considerations for Employers

Author: Brightmine Editorial Team

The cancellation of thousands of flights and the closure of airspace and borders in the Middle East are having an impact on the workplace, particularly when employees are left stranded or their travel plans are affected. How should employers tackle workplace issues arising from the flight disruptions caused by the US and Israel's war with Iran?

1. Considering and communicating with employees stranded due to external circumstances

If employees are stranded abroad due to external circumstances, such as flight cancellations, border closures or unsafe travel conditions, carefully weigh your legal obligations and establish reliable channels of communication with affected employees.

First and foremost, conduct an immediate audit to identify employees located in affected regions, have family members in affected regions or may otherwise be impacted by the crisis. Then reach out to affected employees, clearly communicating information about available support, options for using leave and company policies.

As the US Department of State (DOS) begins to organize repatriation efforts for stranded citizens, make sure to advise any stranded employees to:

• Register with their closest embassy or consular post for up-to-date information and emergency assistance. Consular registration allows diplomatic officials to provide timely updates, emergency assistance and critical communications.
• Keep original biographical and travel documents, such as passports, birth certificates and marriage certificates, readily available and up to date. They should also keep any important medical records or travel insurance documentation on hand.
• Maintain a hard copy of a list of emergency contacts.
• Be aware of travel restrictions with airlines and consider alternative land- or-sea-based departure points as flights continue to be cancelled.
• Monitor updates from government authorities in the region.

Though DOS teams are being deployed to airports across the region to facilitate emergency departures for US citizens, legal permanent residents and their families, flight availability remains limited and evacuated employees may still face delays before they can return home.

Consequently, consider whether:

• The affected employee can perform their role remotely;
• Any absence is genuinely beyond the employee's control; and
• The law in the jurisdiction where the employee is based provides for payment or paid or unpaid leave in emergency situations.

2. Remote work from abroad while an employee is stranded

If an employee is unable to get to work because of flight disruptions or other related circumstances over which they have no control, consider whether the employee can work remotely. For office-based roles in particular, there may be an obligation or expectation to allow remote working arrangements during a crisis.

However, extended remote work from a jurisdiction outside the US can raise serious compliance issues:

• Tax implications. Prolonged work from another country may create corporate tax exposure or trigger individual tax obligations for the employee in that jurisdiction.
• Immigration and work authorization. Employees may not have the legal right to work in the country where they are stranded.
• Data protection. Accessing company systems from certain jurisdictions may raise data security and privacy concerns, particularly if sensitive data is involved.
• Employment law. In some cases, extended work from another country could trigger local employment law obligations in that jurisdiction.

In light of these obstacles, some governments in the region have begun introducing temporary flexibility. For example, authorities in the United Arab Emirates have indicated that visa overstay penalties will be waived for travelers unable to depart the country due to ongoing flight disruptions.

If you allow a stranded employee to work remotely on a temporary basis due to the current conflict, carefully document your rationale and the temporary and involuntary nature of the arrangement.

3. Payment obligations for stranded employees unable to work

If a stranded employee cannot attend work and remote work is not possible, determine your payment obligations. Whether the employee must continue to be paid depends on several factors, including the reason for the absence and applicable local law.

In many jurisdictions, in a situation where an employee is ready and willing to work, but the employer cannot provide work (or the employee cannot access the workplace due to circumstances beyond their control), the employer remains required to pay. For individuals currently working in the Middle East, most countries require payment of the base salary even where the employee cannot attend work.

Consider the following options if an employee is stranded and unable to work remotely:

• Requiring employees to use accrued paid time off (where applicable and legally permissible);
• Offering unpaid leave by mutual agreement;
• Maintaining pay on a goodwill basis during the emergency period; or
• Exploring government support schemes or emergency provisions that may be available.

Whichever approach is taken, document your decisions and communicate clearly with affected employees.

4. Employees' business trips affected by travel disruptions

What are your obligations if an employee's flights are disrupted while they are on a work-related trip?

The extent of an employer's responsibility for paying an employee's expenses if a business trip is extended due to flight disruption will depend on the employer's expense reimbursement policy.

Most policies will include a requirement for the expenses to be "reasonable".

It is therefore highly likely that you would be required to pay for the additional expense of rearranging travel and other extra expenses incurred (for example, accommodation and subsistence) until the employee is able to return home.

The employee should remain in contact with the employer to provide updates on the options for their travel and, where possible, obtain prior authorization for any expenditure.

5. Best practices for employers to ensure the safety and well-being of impacted employees

Take immediate steps to protect impacted employees and your organization as you navigate the crisis in the Middle East:

• Evaluate the evolving political and security situation (including any significant risks) in the region where employees are stationed.

• Ensure that all employees have valid visas and work permits that are compliant with the current regulations.
• If the situation worsens, consider options for relocating employees to safer regions.
• Stay in touch with local authorities and relevant consular posts to get updates and assistance.
• Create clear guidelines for employees on what to do in case of emergencies. This includes evacuation procedures, emergency contacts and safety measures.
• Document all decisions, communications and arrangements made during the crisis.
• Consult with employment attorneys in relevant jurisdictions to ensure compliance with local requirements.