What if you are considered as Absconding in the Country?

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UAE corporate market is employee-oriented hence, the employment laws of the country are strong preserving the interest of employers and employees at the same time. In the interest of the employers, the employment law of UAE empowers the employers to register an absconding case against the employees working under them, in case the employee is absent from the work for a period of 7 continuous days. In general cases, absconding cases are registered if the employee fails to attend the office or leaves the country without informing the employer. Although, there can be multiple reasons for an employee to not attend the work that is failing to comply with his/her financial obligations, was charged with a criminal offense, however, it is an obligation of the employee to attend office and failure of which authorizes the employer to register an absconding case.

In Light of UAE Law

The government of UAE issued Ministerial Resolution 721 of the year 2006 in furtherance with Federal Law number 8 of 1980 (the employment law) for authorizing and explaining the process of registering absconding case against the employee in varied circumstances. The Resolution clearly states that “an absconding report is applied on the case where the worker has stopped working for more than 7 consecutive days and if the employer pledges that he is unaware of his whereabouts or has a legitimate reason for his absence from work as per the Resolution.

In furtherance, the employer would require following documents in order to submit an absconding report against the employee:

  • Copy of passport, Emirates ID and labor card of the employee;
  • Company’s trade license;
  • Copy of labor establishment card;
  • Date of absconding from work;
  • Signature of authorized individual filing the report.

Consequences of Absconding report

Upon registration of the absconding report in the system of Ministry of Human Resources and Emiratization, the employee may face one of the following consequences:

  1. If the absconding report was registered against an employee when he or she is inside the country, the authorities with impose a travel ban on the employee, preventing him or her to escape. However, this travel ban can be removed post receiving the consent and submitting the withdrawal application by the employer or sponsor of the visa. On the other hand, if the travel ban is not withdrawn by the employer, the employee will be stopped at the airport by the Immigration police and will be detained in Immigration jail. The employee shall thereafter be transferred to AlAwair Immigration Jail and will be deported upon completing existing procedure.
  2. In any case, if the absconding report was registered when the employee was not inside the country, the employee will be considered as a blacklisted resident of UAE who shall be restricted to enter the country again. The situation will persist until the employer or sponsor submit withdrawal request against the absconding case.

In line with the foregoing, it is quite clear that the employee has to approach the employer and negotiate with him to withdraw the absconding case in order to either prevent the travel ban or restriction to enter the country again. In such circumstances, you may approach Labor Lawyers of Dubai to assist you in lifting such a travel ban either to leave the country or to return in the country.

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