Absconding in UAE: Legal Consequences, MOHRE Complaint and Employee Rights

What is Absconding in UAE? What are the legal consequences, MOHRE complaints and employee rights, let us throw the light. Absconding is a serious labour and immigration-related matter, which is a breach of law indeed. It is a situation where an employee stops attending his office or professional duties or even he stops reporting to his work, without getting permission from his employer, HR or any line manager. UAE Labour Law urges that there must be a valid reason for not attending the office and employee has to inform to his employer and get permission. The complaint, which is registered in MOHRE, is considered as absence from work. The absconding status is not good for the future of employee. However, employers are also held accountable for requesting the false absconding.

As per UAE Labour Law, absconding means that an employee has left work or stopped attending work without informing the employer. This situation can happen when an employee disappears from the workplace or he also becomes unreachable. It is good for the safety of everyone, that in such a situation, employer must inform to MOHRE and put the absconding.

The employer/employers can file absconding when employee is absent from work more than consecutive 7 days. The employer should not file such a complaint casually. Employer has to provide evidence to MOHRE as well. Before filing a complaint, the employer should check attendance records. There must be written warnings to employees. The employer should also make sure that the employee has not already submitted a resignation, filed a labour complaint etc.

Evidence is very important in absconding cases. Employers should maintain proper records before filing a complaint. A false complaint or incomplete complaint can put the employer in serious consequences. Useful evidence may include attendance records, internal HR reports, warning letters, emails, WhatsApp messages, call logs, employment contract, work permit details etc. As we said before, If the matter is later challenged, weak evidence may create difficulty for the employer.

An absconding report can certainly create serious consequences for the employee. It can affect the record of employee which can create difficulties in his career. For example, he can face challenges while processing residence permits, visa cancellation etc. However, there are several factors and every factor has its own legal consequences.

Yes, an employee has also right to challenge a false absconding report. A false absconding case can arise serious consequences for the employer. There can be several reasons for this false complaint lodged by employer e.g. unpaid salaries, unpaid end of service payments, commissions etc. Therefore, MOHRE provides rights to employees as well, to challenge the absconding filled by employer.

Though this is a subject which can be better explained by professional and experienced labor lawyers. However, cancellation of an absconding report depends on the multiple facts of the case. A request is submitted to MOHRE, where an absence-from-work complaint already exists and one of the parties seeks cancellation. The employee or employer may need to submit supporting documents which are required to challenge the absconding.

• A cancellation request for an absconding report is typically filled through the Ministry (MOHRE) or (GDRFA).
• Check with relevant authorities about documents required. If the competent authority accepts the cancellation request, the employee’s record can be corrected.
• If the employee is inside the UAE, then the Authorized Department, the department of the foreign Affairs will put a travel ban on him. Employees have the option here to challenge this ban and remove this. But if he has a travel ban and he tries to flee from UAE, then he will be arrested at the airport and sent behind the bars to Immigration Jail.
• If the employee is not in the country or he had left the UAE before the absconding was put, then he will declare a lifetime Black Listed. However, if the employer takes the application back then the blacklisted status will be removed from the digital immigration system.

Absconding is quite different from resignation. A resignation is a formal notice to company by the employee for quitting from his position or responsibilities, while absconding usually means the employee has stopped attending work without proper notice. Employees has right to resign from his position but leaving the job without proper documentation can create legal problems for employee.

If an employee discovers that an absconding report has been filed, they should act quickly without any delay. The first step is to check the status of the complaint and next step is to file the cancellation request. If the report is false, the employee has to submit a complaint or request cancellation along with supporting documents.

Legal experts and professionals, can assist both employers and employees in absconding cases. They can help filling the right absconding complaint and they can help removing the false absconding complaint.