Absconding in the UAE refers to an employee leaving their job without informing their employer and obtaining the proper documentation. This is considered a serious violation under UAE labor laws, and it can lead to major consequences for both the employee and the employer. It’s important for both employees and employers to understand how absconding laws work. Employees need to know the right way to resign to avoid issues like travel bans, deportation, or problems finding future jobs in the UAE. For employers, it's essential to know how to properly report absconding cases to avoid legal trouble.
The UAE has strict labor laws in place to keep things fair for everyone. Ignoring these laws, especially in cases of absconding, can lead to serious problems for both the worker and the company. Therefore here we’ll explain what absconding means, the consequences, and what steps both employees and employers need to take to handle it properly.
What Does Absconding Mean in the UAE?
Absconding, as defined by UAE labor law, refers to a situation where an employee leaves their job without notifying their employer and does not return to work for an extended period (typically seven consecutive days or more).
This is considered a breach of contract and is treated as a serious violation of UAE labor laws. When an employee absconds, the employer has the right to report the case to the Ministry of Human Resources and Emiratisation (MOHRE), which can result in severe legal consequences for the employee.
Common Scenarios Considered as Absconding in the UAE
Here are some common scenarios considered as absconding in the UAE:
1. Leaving a Job Without Notice
One of the most common scenarios is when an employee stops showing up for work and doesn’t inform the employer or submit a resignation letter. If the employee remains absent for seven consecutive days without any communication, the employer can file an absconding case with the authorities.
2. Traveling or Relocating Without Informing the Employer
If an employee leaves the UAE, whether for a vacation, family visit, or relocation, without informing their employer or securing proper leave approval, it can be considered absconding.
3. Overstaying a Visa
If an employee's visa expires and they continue to stay in the UAE without renewing it or exiting the country, it can be considered absconding. Engaging in activities not permitted by the visa, such as working without a valid work permit, can also lead to absconding charges.
4. Working for Another Employer
Employees under sponsorship cannot work for another employer without canceling their existing work permit and labor contract. Doing so without following the correct procedures can be considered absconding.
5. Absconding for Visit Visa Holders
Even a short period of overstay can be considered absconding, leading to fines and potential legal issues.
Legal Consequences of Absconding in the UAE
Absconding is considered a serious violation under UAE labor laws, and it can lead to severe legal consequences for employees. Below are the key legal consequences that employees face when they abscond from their job in the UAE:
1. Imposition of an Employment Ban
One of the most immediate consequences of absconding is an employment ban. Once a case is reported, the Ministry of Human Resources and Emiratisation (MOHRE) may impose a labor ban on the employee, which prevents them from working in the UAE for a certain period.
2. Cancellation of Work and Residency Visas
Absconding also leads to the automatic cancellation of the employee’s work and residency visa. The employer has the right to request the cancellation of the visa, and once canceled, the employee becomes an illegal resident in the UAE.
3. Travel Ban and Deportation
An absconding report can trigger a travel ban, preventing the employee from exiting the UAE until the case is resolved. In many cases, absconders face deportation after being blacklisted by immigration authorities.
4. Fines and Financial Penalties
Employees who abscond may face fines as part of the legal process. These fines can vary depending on the circumstances, such as the length of absence and any additional violations (e.g., overstaying visa).
5. Forfeiture of End-of-Service Benefits
Absconding employees typically forfeit any remaining contractual rights, such as unpaid salary, severance pay, or end-of-service gratuity.
6. Criminal Charges in Some Cases
In rare cases, absconding can lead to criminal charges, especially if the employee has committed fraud, theft, or other illegal activities before leaving. This can result in jail time, along with a permanent entry ban to the UAE.
Steps Employers Take to Report Absconding
When an employee absconds in the UAE, the employer must follow a structured process to report the case to the Ministry of Human Resources and Emiratisation (MOHRE):
1. Document the Absconding
The employer should keep detailed records of the employee's absence, including attendance sheets, communication logs, and any other relevant documents. Collect any evidence that proves the employee's absence without a valid reason, such as emails, text messages, or witness statements.
2. File the Absconding Report with MOHRE
Once the absence is confirmed and documented, the employer must submit the absconding report to the Ministry of Human Resources and Emiratisation (MOHRE). This can be done online through the MOHRE portal or at a Tasheel service center. The report must include details about the employee, such as:
- Full name
- Emirates ID number
- Residency visa details
- Employee’s position and contract details
- Date of the employee’s last appearance at work
3. Pay the Applicable Fees
When filing the absconding report, the employer must pay a filing fee. The fees vary depending on the category of the company and other factors. Once the report is submitted, the ministry will process the case and issue an official report.
4. Await MOHRE Decision
After submitting the absconding report, MOHRE will review the case and decide if it meets the criteria for an absconding violation. If the report is accepted, MOHRE will:
- Mark the employee as absconded in the system.
- Cancel the employee’s work permit and residency visa.
- Notify immigration authorities, which can lead to a travel ban and possibly deportation.
5. Inform the Employee (if they Resurface)
If the absconding employee reappears, the employer must inform MOHRE of the employee’s return and decide whether to withdraw the absconding report or proceed with legal action.
Employee Rights and Defense Against Absconding Accusations
If an employee is wrongfully accused of absconding, the first step is to respond promptly to the claim. The employee should:
- Reach out to the employer immediately to clarify the situation. This may resolve the issue if it was a misunderstanding or a mistake.
- Show evidence of any prior communication with the employer regarding leave, resignation, or other work-related matters to prove that there was no intention to abscond.
If direct communication with the employer does not resolve the issue, the employee can file a grievance with the Ministry of Human Resources and Emiratisation (MOHRE). Employees can:
- Visit a Tasheel service center or use the MOHRE online portal to lodge a formal complaint.
- Submit evidence such as resignation letters, medical certificates, or leave approvals that demonstrate that the absconding claim is invalid.
- Request an investigation: The ministry will investigate the case and may summon both the employer and the employee to review the facts and resolve the dispute.
If the issue cannot be resolved directly with the employer or through MOHRE, the employee can file a case with the UAE labor court to contest the absconding claim. The labor court will review all documentation and evidence provided by both parties and make a ruling.
Absconding in UAE for Visitors (Visit Visa)
Visitors on visit visas are granted entry into the UAE for a specified duration. Overstaying beyond this period without proper authorization is considered a violation of immigration laws and can be deemed as absconding. Such violations can lead to significant legal repercussions.
Consequences of Absconding on a Visit Visa
- Fines:
- Daily fines are levied for each day of overstay.
- The amount of the fine can vary, but it can quickly accumulate into a significant sum.
- Deportation:
- Once detected, overstayers are subject to deportation.
- The deportation process can involve fines, legal fees, and other charges.
- Travel Ban:
- In severe cases, individuals may be banned from re-entering the UAE for a specific period or indefinitely.
- This ban may also extend to other GCC countries.
Seek Professional Help!
Both employees and employers need to follow the proper legal procedures to avoid disputes related to absconding in the UAE. Adhering to UAE labor laws and maintaining clear communication can help prevent misunderstandings that lead to serious consequences. Whether you’re an employee accused of absconding or an employer dealing with an absentee worker, seeking legal advice is crucial to protecting your rights.
If you’re unsure about your rights or are dealing with a complicated situation, it’s wise to consult immigration experts like Shuraa. Our team specializes in UAE labor and immigration laws and can provide you with the guidance and support you need. Whether you're moving to Dubai for work or relocating your business, let Shuraa handle the legalities, visas, and paperwork so you can focus on what matters most.
Get in touch with us today and ensure a smooth, hassle-free experience in the UAE.
