When a worker fails to report to work for more than seven days without a justifiable reason, this is referred to as absconding. Employers in the UAE can file absconding cases against their employees with the ministry of labor’s local offices, but they must meet certain criteria first.
To prevent employers from abusing their rights, the ministry of labor has outlined the following conditions under which it will not accept an absconding complaint.
If your employer is preparing to bring an absconding lawsuit against you under the following circumstances, you may challenge them as well. Employees are not required to pay any legal fees if they bring a lawful claim against their company.
The conditions ministry will not accept absconding complaints.
- The employee is on vacation.
- Force Majeure
- The worker is absent for legitimate reasons.
- The worker has not absconded but the employer files case due to other reasons.
- If the employer attempts to file an absconding report against the employee to avoid paying the end service benefit and prevent the sponsorship from being transferred to another company.
- The worker has filed a case against the employer, which is still pending, but the employer files an absconding case.
If the employer fabricates the absconding case and the employer committed fraud, the labor ministry has the authority to levy a heavy fine on the company, starting at 10,000dhs.
What not to do in an absconding case in the UAE?
Despite your absconding status, you should remain in the UAE or return to your country without engaging in the following activities:
- Working with another employer
- Involved in financial fraud ( bounce Cheque)
- You Have taken a loan from a UAE bank and are due for repayment.
- There are still overdue telecommunications and internet bills, water and energy, and other subscriptions.
- Committing the crime in the UAE
Ofen, most of the absconders they meet one of the above points is working with another employer which is also illegal in the UAE. If you are doing any of the above mention activities then you have taken the risk of blacklisting in the UAE.
You can go through this article to learn more about the black listing in the UAE and ways of removing it.
Okay, let’s get to the point: how does someone know if he or she has an absconding case in the UAE, and what are obligations if they have only fled from work and have not committed any other legal offenses in the country. Learn More Click Here.
When will remove the absconding case, UAE?
There are two ways the absconding case against you will remove that are as follows;
- Process through complainant
Automatically: When your employer reports your absconding to the ministry of labor, the ministry will make every effort to track down you within a certain time frame. If do not find it in the country, the ministry imposes the ban on a work permit for a year.
After a year, the ban will automatically remove from the system, and you will be able to enter the country on a working visa. Although you are prohibited from obtaining a work visa for one year, you may enter the country on other visas such as a visit or tourism visa.
If you wish to visit the nation on a different type of visa during the period of labor ban, you must ensure that you do not have any other legal violations in the UAE, because, this may result in problems after entry.
The process through complainant: Your employer or the company which filed the absconding case can remove it though submitting the additional documents to the Ministry of labor.
The employer can cancel the complaint even if you are in the UAE or have already left the country, but they can charge you for the process.
I’m sure you’re already aware of the methods for lifting the UAE labor restriction. The labor ban will automatically expire after one year, or the former employer identified in the complaint may withdraw it and the labor ministry may lift the ban.
Different between labor and immigration bans in UAE.
Labor and immigration bans are different because the labor restriction prohibits you from working in this country, whereas the immigration restriction prohibits you from entering the UAE for any purpose.
The blacklisting in the UAE is not a labor ban because it is an immigration restriction that prevents you to enter the country on any type of visa.
The labor ban allows you to enter the UAE on residency, visit, and tourist visas, but you are not eligible for a work permit until it expires or withdrawn from the employer.