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The UAE is one of the world’s most desirable locations to experience an unmatched lifestyle and benefit from its flourishing economy. The nation is filled with skilled professionals who are contributing to its economic growth. To keep the job market transparent and conducive, the UAE government implements timely regulations and laws. As a result, the market is closely monitored, and any kind of malpractice is not welcomed. Absconding in UAE remains a major and serious concern.
It refers to an employee’s sudden disappearance from his work. It can lead to termination, work bans, and even deportation in severe cases for employees. For employers, it means a disruption of smooth business operations, and more. Not just them, but visitors who overstay and violate the visa terms are also considered absconding cases in UAE.
However, absconding can sometimes be unintentional, or there may be severe cases where such situations arise from genuine reasons. That is why it is important to understand the differences, so one do not face unnecessary consequences without fault. Let us explore absconding, what it means, its typical cases and how employers, employees and foreign visitors should handle it.
Absconding refers to the act of running away or hiding in a way that is against the law of the land. In the UAE, this term is used in two contexts under the law: employment and immigration. Absconding in UAE means illegal or unauthorized actions regarding one’s immigration or employment status in the nation. Let us simplify it by discussing each context separately.
Absconding in employment refers to the unexpected disappearance or abandonment of work by an employee. If the employee remains absent for a continuous period of 7 days without notifying the employer or providing any notice of their whereabouts, they are legally declared to be absconding. In this scenario, the employer has the right to file an absconding case against the employee with the Ministry of Human Resources and Emiratisation (MOHRE), and legal actions can be taken against such employee, such as fines, work permit cancellation, or even deportation from the country. Here are some cases of employee absconding:
Absconding in the immigration context occurs when a foreign visitor/national in the UAE violates the terms and conditions of their visa or residency permit. Here are few absconding in UAE visit visa/residence visa cases:
Some of UAE laws that govern absconding in UAE include:
To stay updated on absconding law in Dubai, you can contact our legal experts at Dubiz Business Setup.
Absconding in UAE can lead to legal penalties and complications for the employees, employers as well as the visa holders:
There is a structured process that employers must follow to report an absconding case to the MoHRE. They have a period of 3 months from the last date the employee was working to file the case. Here are the steps for reporting absconding in UAE:
To file the case, the employer needs to be well-prepared. They must prove that the employee has been missing from work for 7 consecutive days without notice and without a valid reason. As proof, the employer may collect documents such as the signed employment contract, attendance sheets, timesheets, last check-in records and any other attempts to contact the employee such as call logs.
The case needs to be filed with the MoHRE, which can be easily done electronically (on the website or app) using the electronic signature card. The complaint should include details such as the employee’s personal information (work permit number, passport number, etc.) starting date of absence, along with other establishment-related information.
While reporting absconding in Dubai/UAE, the employer will have to pay a fee. Typically, the absconding fee in Dubai ranges between AED 1,000 to AED 3,000. Though, this fee can vary based on company and case factors.
A competent officer will review the case, and the employer may be contacted for further details if needed. The entire process takes around 2 working days. The employer can track the application status through the MoHRE website, smart app, or by calling customer service. Once the review is complete, the outcome of the complaint will be communicated to the employer via text message.
Note: In case of absconding in UAE by the visitor, it is the responsibility of the sponsor of the visa (travel agency, friends, family) to report the case to GDRFA as soon as possible.
There can be instances when an employee finds their name on the absconding list, even though they may not agree with it. This could be due to genuine reasons, or perhaps they had already informed the employer of their absence. In such cases, the employee can approach the Ministry of Human Resources and Emiratisation (MoHRE) with proof and request that their name be removed from the list. Here are the steps:
The employee must immediately contact MoHRE and explain their situation.
Simply explaining the situation will not be enough. The employee must provide strong evidence, such as communication attempts with the employer, genuine reasons for absence, notice to the employer, etc.
If the employer refuses to withdraw the case, a legal consultant can help handle the situation better and resolve the issue while protecting the employee’s rights.
In case of an employee visa overstay, it is advisable to pay any due fines.
If the employer is convinced or if the employee wins the case, the absconding case with MoHRE will be cancelled.
Sometimes, there may be an unforeseen situation due to which the visitor had to overstay. In such cases, an attempt can be made to clear one’s name from the absconding list with the GDRFA:
The applicant must make an appeal with the GDRFA. They can also contact the sponsors who may have filed the case and explain that they had valid reasons for overstaying.
Next, the applicant must provide proof of their overstay, such as illness or an emergency. Supporting documents, like medical reports or other relevant documents, must be submitted.
Those who specialize in UAE immigration laws may be able to simplify the process and reduce costs by minimizing fines.
The applicant must settle all outstanding fees for the overstay or other related violations.
To rectify the situation, the applicant may have to leave the country and return through a fresh visa. This ensures that their immigration status is corrected, and they come to UAE through proper legal channels.
There can be several reasons that can compel an employee or visitor to abscond:
There can be some early signs of abscond intention of an employee. Employers can locate them and take preventive measures beforehand.
Proper management of these factors can help decrease the potential cases of absconding in UAE.
It is very important to understand the ins and outs of absconding in UAE for employers, employees, and visitors alike. Absconding in UAE can lead to legal complications, such as fines, bans, and more. Therefore, it is better to be aware of the framework to avoid being in such situations. Employers must ensure they are taking care of their employees, and employees, on the other hand, must leave their jobs legally and on good terms if they decide to quit, rather than disappearing. Similarly, visa holders must be vigilant about the expiry of their visas. If they encounter any issues with renewals, cancellations, etc., they should reach out to the appropriate government authorities and communicate clearly.
Dubiz Business Setup can be your legal support in UAE. We can help you stay up to date with all the latest UAE rules. On top of that, we can handle your visa situation as well. Our team specializes in labour and immigration laws and procedures and can assist you in every possible way. If you are planning for business setup in Dubai or aspire to come here for job opportunities, let Dubiz help you get settled for good. We will handle all the legal procedures, including end-to-end company formation in UAE, trade licensing, visa processing, documentation, and approvals on your behalf.
Contact Dubiz Business Setup today at +971563695485 or WhatsApp us at +971563695485. You can also drop an email at info@dubiz.co for any inquiries.
You can check the absconding status in UAE through three methods:
Yes, if an employee or a visitor is falsely accused of absconding, they get complain with the government authorities. Additionally, the employer or accusing party will have to face strict legal consequences.
Absconding in UAE can lead to fines, deportation, ban on re-entry into the nation and even imprisonment in severe cases.
As an employee or a visitor, you can make an appeal to remove your absconding tag with the appropriate authorities. You will need to provide the supporting evidence as well. For employees, it would be MoHRE, and for visitors, it would be GDRFA. Establishments may face a fine of up to AED 5,000* as well.
Yes, if the employer is convinced by the employee’s argument (the employee provides valid reasons for his absence), then he may cancel the absconding case in UAE against that employee by submitting a request for the same with MoHRE.
The UAE government, at times, offers a particular period for visa violators to correct their status without imposing fines and penalties, which is called the amnesty program. It gives visa holders a chance to rectify what could have otherwise led to an absconding charge.
You can check the absconding status in Abu Dhabi through the website of GDRFA or MoHRE, depending on whether you are a visitor or employee.
Absconding status is UAE can be checked online by visiting the website of MoHRE.
