Absconding

UAE Labour Law states that an employee can be declared as Absconded by the employer if he or she does not join the work for consecutive 7 days. If there is no information to the company, no sick leave, no vacation or there is no valid ground, then the employer can declare an employee Absconded. Employer has to contract local labour department and file the absconding request. He has to submit the valid proof of “absence without reasons”. As we mentioned before that there must be a valid reason, legitimate report, and no vacation period for the employee for filing the absconding.

If the employee has filed the complaint in MOHRE against the company or any other request to concerned departments in UAE then once again the absconding request will not be entertained by MOHRE. There must be found no pressure, coercion or pressure tactics in the absconding report. It might also go against the employer like penalties, fines etc. UAE government has a resolution in 2006, which is connected with a federal law 8 of 1980(UAE Labour Law), which tells us about the Absconding” process, the way it is filled, the way it has to be filled, its circumstances, its consequences and more.

Employer has to submit a VALID REPORT, EMIRATES ID CARD COPY of employee, PASSPORT COPY of employee, COMPANY TRADE LICENSE, LABOUR CARD. We repeat that the absconded report must be based on valid reasons.

Absconding in Dubai, absconding in Abu Dhabi, Absconding in Sharjah, Absconding in Ajman and all other Emirates in UAE, are like Absconding in UAE. If a person who was working on a Dubai based company’s sponsor VISA then he can’t enter in UAE again from RAK or Abu Dhabi side. Law is federal absconding means absconding all over the UAE and black listed means black listed all over the UAE.

This concept might be a little confusing for employers. They have the right to consult the UAE National Lawyers first if they are confused about the absconding report. These Emirati Lawyers in Dubai will advise them about the absconding and tell them about the procedure. Several times, it is noted that absconding is rejected because the employer could not present it properly. Therefore, a consultation with the Emirati Lawyers in Dubai/Advocates will help the employer to file it properly. Ask The Law – Al Shaiba Advocates and Legal Consultants is the No.1 law firm for any kind of legal assistance and support including absconding.