The term ‘absconding’ is a major legal term in the UAE especially when it comes to employment and residence. Job abandonment means a situation whereby an employee moves out of his or her workplace without prior notice whether verbal or written or was away from work for quite some time without serious cause.
TSA is a serious violation in the UAE and its ramifications are awfully expiable under the law. It is in this regard that this blog aims at considering the issue of understanding of absconding in the UAE and the measures that could be implemented in the problem.
Absconding In UAE
That is a state where an employee does not show up at work for a policy of seven or more working days without notifying the employer and without a reasonable explanation. Measures that can be taken by the employer The UAE labor law permits the employer to report the cases of absconding to the MOHRE. Once reported, the employee loses his/her residency visa, can be banned from working in the country or face legal charges.
Civil and Criminal Penalties of Absconding in UAE
Absconding is treated as a breach of contract and can lead to several legal repercussions for the employee:
Labor Ban: If an employee is held liable for absconding he could end up getting a labor ban and that means that he cannot work in the UAE for up to one year is it for another employer.
Residency Visa Cancellation: After an employee has absconded this is reported in most cases, the employee’s residency visa is withdrawn and they may have to leave the country.
Legal Action: At times, the employer comes down heavily on the absconding employee to the extent of taking the matter to court in which the culprits are dealt with through fines, imprisonment or deportation.
Blacklisting: The employee many times faces the threat of being blacklisted which may further make it challenging for the employee to get work permit to work in UAE again or to find any job in the future.
Specific Responsibilities When Dealing With Absconding In UAE
Reporting: The employers are required to inform the MOHRE of the cases of absconding within a given duration of time. Failing to do so exposes the employer to certain penalties as discussed below;
Investigation: The MOHRE initiates an investigation about the debtor’s claim that he has absconded. If the employer is guilty of lying on the specified claim they will be landed in a legal dilemma.
Repercussions for Employers: If an employer commits fraud in reporting an absconding case the employer can be penalized by being fined and the employer may be prohibited from recruiting more workers.
Measures to Undertake Absconding In UAE
If an employee has been wrongly accused of absconding or if they wish to resolve an absconding case, certain steps can be taken:
Contact the Employer: The first thing that has to be done is to open a channel of communication with the employer with an aim of finding a solution to the problem. If the employer agrees you can recommend withdrawal of the absconding report.
Approach the MOHRE: If amicable agreement cannot be reached with the employer, the employee can report himself/herself to MOHRE. The ministry will then investigate the matter and it should be noted that the ministry has taken this matter very seriously as evident by the setting up of a committee to probe into the matter.
Legal Representation: Thus, the employee may need to consult a lawyer if they think that the absconding report is unfounded.
Settlement: Sometimes the employee and the employer may negotiate whereby the employee returns to his home country and the employer drops the absconding report.
Things To Do In Absconding In UAE If Absconding
To avoid being reported as absconding, employees should adhere to the following guidelines:
Maintain Communication: It is also important to always keep employment communication open. In case one is to go for a leave, make sure it is done officially and also to the letter.
Know Your Rights: As K soon as you join a Company in UAE ensure that you know your rights as well as the responsibilities provided by the UAE Labor Laws.
Exit the Country Legally: If for instance you want to resign and leave UAE, then one of the most important things to do is make sure that your employer issues you with a no objection certificate.
Seek Assistance: In case of any problems at the workplace or if you need to quit or travel at short notice, the MOHRE or a lawyer may be of help.
Frequently Asked Questions About Absconding in UAE (FAQ’s)
Q: What should a person do if he has been reported as an absconder when he has not?
A: For people who have been falsely accused or reported as absentee, then they need to report to the MOHRE and complain. It is also legal wise to put your interests in order. Hiring a lawyer should of course be done so that your rights are well protected.
Q: Can I return to the UAE again once I have been reported as absconding?
A: To come back to the UAE after one has been labeled as absconding a major issue must be faced no matter the circumstances of the situation one is in. It may only be possible if you fix things with the former employer or challenge the verdict made as per your contract.
Q: What is the time required for an absconding case?
A: The time taken in order to solve a case of absconding depends on the nature of the case, and cooperation between the two parties. It may take some weeks, a few months or in some cases even years.
Q: Can we seek employment in another country if one has been labeled absconder in UAE?
A: That being said, being reported as absconding in the UAE may not possibly impact your work as a foreigner in other countries. It may however potentially affect other areas of life such as future travel and employability according to the policies of the country in question.
Q: Can my employer report me as an absconder if I quit my job and leave the UAE without informing my employer?
A: Yes, if you run away from your workplace and or did not inform your employer and also did not report for work your employer can report you as absconding. To prevent such a case, it is required to adhere to certain protocols of exit.
