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Absconding in UAE

Absconding In UAE

The United Arab Emirates is a worldwide focal point for job seekers therefore its important to be aware of absconding in UAE. The country offers roles from sectors like finance, healthcare, construction, and technology and attracts professionals from diverse fields due to its strong economy and prime location. 

There are undoubtedly great opportunities here, but keeping yourself updated with the legal framework of the UAE is also very important. If someone does abscond, especially in UAE, it can cause issues for the employee as well as the employer.

Absconding

What Is Absconding?

Absconding refers to an employee leaving the job without informing the employer. In other words, if an employee does not show up at work for more than seven days without informing or getting the necessary approval for their absence, this will be considered absconding in the UAE.

Other than that, certain situations can be counted as absconding, which include:

  • If an employee stays in UAE after the expiry of their visa, it can be a case of absconding.
  • Employees who a company or an individual sponsors cannot work for another employer without cancelling their previous work permit and contract. If they do so, this will be considered absconding.
  • Disappearing of a person sponsored by an employer is a straight case of absconding.

If any of these cases happen, employers must report it to the Ministry of Labor (MOL); otherwise, it can be a problem for the employers or the company, too.

What is the Punishment for Absconding In UAE?

The legal consequences can be severe for the employees if they are found guilty in front of the Ministry of Labor. These punishments can be:

  • They have to pay the fine depending on the situation or reason for absconding.
  • They might get deported from the UAE at their own expense.
  • They get banned from entering the UAE for a year or more.
  • It is difficult to get a job again with a record of absconding cases.

How To Check Absconding Status In UAE? – Absconding in UAE

To check your absconding status, simply visit the MOI website and go to the services section. Here, you can find the absconding status section under the required category. Enter all the necessary details like your Emirates ID, Passport number, and nationality, and check your status after proceeding with this application. 

Process of Filling the Complain

You can file the case of absconding through this process:

  • Verify that the employee is absent consecutively for 7 days or more without informing.
  • Gather all the evidence and necessary documents, which may include the employee’s personal information, a copy of his contract, and evidence of unauthorized absence.
  • Employers can file the report online by logging in to the MOHRE online portal within three months from the last working day of that employee.
  • Pay the necessary fee to file the report.
  • MOHRE will take 1 to 2 working days to contact the employer after reviewing the report.
  • If MOHRE validates the case, legal action will be taken against the absconder.

False Absconding Complains 

There are certain conditions in which the filed case of absconding against an employee is not considered true. According to MOL, these conditions include:

  • If an employee has filed any labor complaints in the past.
  • If an employer is aware of the whereabouts of an employee and can present him in front of the ministry for accountability.
  • If the employee was stuck in a certain situation and could not inform the employer.

If, for any reason, the employer’s filed complaint is not right, they have to face penalties.

Penalties For False Complaints

If the company or an individual reports a false case of absconding in UAE, they will have to face different penalties, which can be any of the following:

Ø  Fines

They have to pay a fine for violating the rules. The fine can be AED 10,000 or more.

Ø  Labor File Suspension

The Ministry of Labor might suspend the labor file of the company so that the company will not be able to apply for the work permit or renew it, thus preventing employment visas. To lift this suspension, the employer will be required to resolve the employee’s absconding status.  

Ø  Downgrade Company

The company can be demoted to grade C by the MOL, which affects the company’s privileges and credibility.

Ø  Inspections

 The MOL may order the company’s inspection to check compliance with laws and regulations.

Common Reasons for Absconding in UAE

There are several reasons for absconding, although it has very serious consequences. Some common reasons may include:

  • If an employee experiences unfair treatment at his workplace, such as being burdened with an excessive workload but not being paid accordingly.
  • If there are unresolved issues between the employer and the employee or with other staff members, it can affect the employee’s mental health, pushing him to do this act.
  • Visitors might lose track of their visa expiry or not renew it on time due to financial issues, leading to overstaying accidentally, which is absconding in UAE. They will have to face the consequences then.
  • Sometimes, visitors lose their jobs before their visas expire or cannot find a new job until the expiry, so they disappear due to the fear of deportation.

How To Avoid Absconding In UAE?

Employees can avoid the act of absconding by following these tips:

  • Read your contract clearly before signing to avoid any kind of misunderstanding in the future that can push you to your limits, forcing you to run away.
  • Communicate your issues loud and clear, whether these issues are related to your wages, poor treatment at the workplace, or excessive workload.
  • If you want to leave the job for any reason, make sure you follow all the protocols before leaving and clear your pending dues to avoid future disputes.
  • Visitors should keep track of their visa expiry and apply for an extension before the due date.

Employers can make sure to avoid such situations by keeping a fair working environment for all employees equally. Ensure a safe working environment, timely wages, and a manageable workload. They should also resolve the issues on time before they get into further complications that affect other employees. 

Final Thoughts

Absconding in the UAE is considered a crime, and there are strict legal actions against this. If an employee or a visitor is held accountable for absconding, they will have to face the consequences, and if the absconding case comes out as a false report and is not validated by the MOL, then the employer who filed the report will have to pay the penalty. Employees and employers should take measures to avoid such rule-breaking activity in the UAE.

If you have any concerns regarding your business, corporate services, or visa issues, you can reach out to Al Riyady anytime. We are here to serve you 24/7 with top-rated services by the experts. We can help you with Corporate Tax, PRO Services Dubai, Bookkeeping and more.

FAQs

To fill out an absconding report, you have to pay a fee typically ranging from AED 1000 to AED 3000. Additional charges may apply for legal formalities and processing.

To remove the absconding case, first seek legal consultancy. Provide all the necessary evidence to challenge the absconding claim, like any previous labor report, proof of communication, or a valid reason for absence. You may also need a police clearance certificate.

The penalty fee for absconding is around AED 2000. It changes with time and situation.      


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