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 the workplace without prior notice. TSA is a serious violation in the UAE, and its ramifications are expiable under the law. This blog aims to consider the issue of understanding absconding in the UAE. Also, we will measures that could be implemented to address the problem.
Absconding In UAE
That is a state where an employee does not show up at work for seven or more working days without notifying. UAE law permits the employer to report cases of absconding to the MOHRE. Once it is reported, the employee loses a residency visa. We can be banned from working in the country or face legal charges if we do not follow the rules.
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 which 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Visa Cancellation: After an employee has absconded this is reported in most cases, the employee’s residency visa is withdrawn and they may have to leave the country.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.
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 into 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. Also, 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. If the employer agrees you can recommend withdrawal of the absconding report.
Approach the MOHRE: The employee can report himself/herself to the MOHRE. The ministry will investigate the matter. However, it should be noted that the ministry has taken this matter very seriously as evidenced 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: When 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 you want to resign and leave UAE, then one of the most important things to do is for your employer to issue you 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: People who have been falsely reported as absentee, need to report to the MOHRE and complain.
Q: Can I return to the UAE again once I have been reported as absconding?
A: Yes you can but with a few simple steps and policies.
Q: What is the time required for an absconding case?
A: It 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 an absconder in UAE?
A: Being reported as absconding in the UAE may not possibly impact your work as a foreigner in other countries.
