When an employee fails to report to work for more than seven days without a justifiable reason, it is referred to as absconding. Employers have the option to file absconding cases in the UAE against such employees with the local offices of the Ministry of Labor. However, specific criteria must be met before taking such action.
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.
When the ministry does not accept absconding complaints?
The Ministry will not accept absconding complaints under certain conditions, which include:
1. Employee on Vacation: If the employee is on vacation, the Ministry will not accept an absconding complaint.
2. Force Majeure: In cases of force majeure, where the employee is absent for legitimate reasons beyond their control.
3. Other Legitimate Reasons: If the worker is absent for valid and legitimate reasons.
4. Non-Absconding Reasons: If the worker has not absconded, but the employer files a case for other reasons, the Ministry will not accept it.
5. Preventing Sponsorship Transfer: If the employer files an absconding case to prevent the transfer of sponsorship to another company, the Ministry will not accept it.
6. Pending Employee Case: If the worker has filed a case against the employer, and it is still pending, but the employer files an absconding case, the Ministry will not accept it.
If the employer fabricates an absconding case with fraudulent intent, the Ministry has the authority to impose significant fines on the company, starting at 10,000 AED. This fine deters fraudulent practices and ensures fair treatment of employees.
What not to do in an absconding case in the UAE?
In an absconding case in the UAE, it’s crucial to be cautious and avoid engaging in the following activities:
1. Working with Another Employer:
– Working for another employer while absconding is illegal in the UAE. This can lead to serious consequences, including legal actions against you.
2. Involvement in Financial Fraud (Bounced Cheques):
– Committing financial fraud, such as issuing bounced cheques, can exacerbate your legal situation. It’s important to address any financial issues responsibly.
3. Unsettled Loans from a UAE Bank:
– If you have outstanding loans from a UAE bank, it’s essential to communicate with the bank and work on a resolution plan. Ignoring repayment obligations can lead to legal repercussions.
4. Unpaid Bills (Telecommunications, Internet, Utilities, etc.):
– Unpaid bills for telecommunications, internet, water, energy, and other subscriptions should be addressed promptly. Ignoring these financial obligations can result in legal actions.
5. Committing Crimes in the UAE:
– Engaging in criminal activities in the UAE can lead to severe consequences. It’s crucial to abide by the law and avoid any actions that may result in criminal charges.
In summary, it’s in your best interest to address financial and legal matters responsibly, communicate with relevant authorities, and seek guidance on resolving any outstanding issues.
Ignoring these issues can lead to further complications and legal consequences. If you are unsure about your legal standing, consulting with legal professionals or relevant authorities is advisable.
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 the 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?
To have the absconding case removed in the UAE, there are two potential methods:
1. Automatic Removal:
- If your employer reports your absconding to the Ministry of Labor, they will attempt to locate you within a specific timeframe.
- If you are not found in the country, the ministry may impose a ban on a work permit for a year.
- After a year, the ban is automatically lifted from the system.
- Following the removal of the ban, you can enter the country on a working visa.
- Note that during the one-year ban, you may still enter the country on other visas like a visit or tourism visa.
- Ensure that you don’t have any other legal violations in the UAE to avoid issues upon entry.
2. Process Through Complainant:
- The employer or the company that filed the absconding case can take steps to remove it by submitting additional documents to the Ministry of Labor.
- The employer has the authority to cancel the complaint, whether you are still in the UAE or have already left the country.
- Be aware that the employer may charge you for this process.
In summary, the labor ban can be automatically lifted after one year or, alternatively, the former employer can withdraw the complaint through a formal process with the Ministry of Labor.
Differences between labor and immigration bans in UAE.
The differences between labor and immigration bans in the UAE are significant and relate to different aspects of your ability to work and stay in the country:
1. Labor Ban:
- Nature: A labor ban restricts you from working in the UAE.
- Impact: While under a labor ban, you can still enter the UAE on residency, visit, and tourist visas.
- Work Permit: However, you cannot obtain a work permit until the labor ban expires or lifts by your former employer.
2. Immigration Ban:
- Nature: An immigration ban, or blacklisting, prevents you from entering the UAE for any purpose.
- Impact: This ban is not specific to employment; it restricts your entry into the country on any type of visa.
- Visa Types: Whether it’s a work visa, visit visa or tourist visa, you won’t be able to enter the UAE if you are under an immigration ban.
In summary, a labor ban affects your ability to work in the UAE but doesn’t necessarily prevent you from entering the country for other purposes. On the other hand, an immigration ban restricts your entry into the UAE, irrespective of the type of visa you are applying for.