Absconding in the UAE: A Complete Guide

The UAE is one of the most popular places to live, work, and visit. People from all over the world come here for its modern lifestyle, rich culture, and great opportunities. However, while living or working in the UAE, it is important to follow the country’s laws. Any kind of misuse or rule-breaking is not accepted.

One such major rising concern is absconding in UAE. This happens when a worker suddenly leaves their job without telling the employer. It can lead to job termination, work bans, and in serious cases, deportation of the employee. Besides them, visitors who overstay and violate the visa terms are also considered absconding cases in UAE. To be a responsible resident in UAE, you must avoid this offence. But sometimes absconding happens by mistake or due to real emergencies.

By understanding absconding as explained in this guide, you can avoid such problems and enjoy your peaceful stay in the Emirates.

What is Absconding in UAE?

Absconding in the UAE means leaving your job without informing your employer or breaking your visa rules, such as overstaying. These actions are considered illegal because they violate the country’s employment and immigration laws.

Both employees and visitors who abscond can face serious legal consequences in UAE. Therefore, it is essential to maintain clear communication with the authorities and employers.

Types of Absconding Cases in UAE

What is considered as absconding case in UAE? It’s important to understand this so you don’t get into legal trouble.

Here are the common types of absconding cases in UAE:

1. Absconding under employment:

Absconding in employment refers to the situation where an employee suddenly leaves their job without informing the employer.

Imagine this: You get a great new job offer in Dubai and decide to leave your current job without telling your boss. If you stay absent for 7 consecutive days without giving any notice or sharing your location, you can be legally declared absconding.

In this case, your employer can report your absence and file an absconding case with MOHRE. And what happens next? Your visa or work permit may be cancelled, you could face fines, a work ban, or even be deported from the UAE! So, better to not even think about it.

Here are some typical examples of absconding by employees:

• Leaving work without notifying in advance.
• Leaving for illegitimate reasons before the employment contract ends.
• Overstaying the employment visa.
• Working for another employer secretly.
• Fleeing without permission or notice to their sponsor (either a person or a company).

Absconding under a Visa:

When a foreign national in the UAE violates the terms and conditions of their visa or residency permit, that is also marked as absconding. For example, imagine you visit Dubai on a visit visa and decide to stay longer, but you’re too lazy to extend it. If you overstay, thinking no one will notice, that is still considered a legal offense. It is marked as absconding in UAE visit visa.

Here are few more examples of absconding under a visa:

Overstaying on a visa: Every visa in the UAE, whether a residence visa, visit visa, or any other type, has a specific validity period. Staying beyond the permitted duration without renewing your visa is considered absconding.

Violation of visa terms: Engaging in illegal activities or providing false information to obtain a visa is also considered absconding.

Staying after visa cancellation: If a residence visa is cancelled for any reason and the holder does not leave the country within the given time frame, it will be considered an absconding case.

Consequences of Absconding in UAE

Absconding in UAE can lead to legal penalties and complications for the employees, employers as well as the visa holders:

Penalties for employees:

There are strict consequences for employees involved in absconding in UAE:

Deportation and travel ban: The employee may be deported from the nation at his own expense. Also, if decided by the ICP and GDRFA, the individual may not be able to travel back to UAE or other GCC countries for some time or even permanently in worst case scenario.

Employment ban: Employees may not be able to work in the UAE for a certain period of time which is typically 1 year.

Permit and visa cancellation: The labour card and the work visa of the violator may be cancelled by the authorities.

Fines: The violator will have to pay financial penalties as well compensation to the employer for negligence. The amount of absconding fine in UAE may vary with the case type.

Blacklisting: The absconding employee in Dubai or UAE may be blacklisted by the immigration authorities, making it next to impossible to seek a visa for the UAE and maybe some other countries too.

Criminal charges: In severe cases of absconding in UAE, if the employer has evidence against the employee, he can file criminal charges against the employee too. This comes with imprisonment and other fines.

Cancellation of employment benefits: Any benefit associated with the employment, such as unpaid salary, gratuity, etc, will be forfeited.

Penalties for employers:

Absconding has consequences for the employer as well, including:

Disrupted business operation: The sudden absence of any employee leaves a void, and the tasks handled by that person may be disrupted, causing business problems.

Possible legal concerns: In case the employer is found to be guilty of a false accusation of absconding, he may have to face legal consequences, including fines up to AED 5,000.

Reputational damage: A firm with absconding cases gives an impression of bad work environment which may damage the reputation of that firm.

Hectic process: Running the case and tracking the same may take a lot of effort, and the process may face further complications leading to delays, etc.

Penalties for visitors:

Being reported as an absconder gets you flagged in UAE’s immigration system. Here are some of the challenges visa holders may face:

Deportation and travel ban: Violators will be deported at their own expense. Like absconding employees, visa holders may also be banned from travelling to UAE and other GCC nations.

Financial penalties: For each day of overstay, a standard AED 50* fine is levied.

Legal issues: There may be some further legal complications for visa violators, such as blacklisting in the immigration system, etc.

Sponsor’s responsibility: In case the visa is sponsored by someone, the sponsor will also be responsible for not renewing the visa on time, etc.

Lost opportunities: Absconding charge can negatively affect an individual’s overall future mobility and economic opportunities in the UAE.

Regulatory Framework for Absconding in UAE

Absconding in UAE is treated seriously and is closely monitored:

Regulating government authorities

The main government authorities regulating and managing absconding in UAE include:

• MOHRE: Ministry of Human Resources and Emiratisation
• ICP: Federal Authority for Identity, Citizenship, Customs & Port Security
• GDRFA: General Directorate of Residency and Foreigners Affairs

Laws Governing Absconding

Some of UAE laws and resolutions that govern absconding in UAE include:

• Federal Decree-Law No. (33) of 2021 (Labour Law): Regulates the employment relationship across the UAE, including the unlawful absence of from work.
• Ministerial Resolution No. (1186) of 2010: Provides the framework for the issuance of a new work permit after termination or absconding.
• Ministerial Resolution No. (721) of 2006: Governs the procedures for reporting absconding.
• Ministerial Resolution No. (707) of 2006: Governs the cancellation of absconding reports if the employee provides valid reasons or if the employer withdraws the case.
• GDRFA Laws for Immigration: There are laws enacted by the General Directorate of Residency and Foreigners Affairs (GDRFA) to regulate the residency and immigration of foreigners in the UAE, such as Federal Law No. 06 of 1973.

Who Can Report Absconding in UAE?

The following parties can report an absconding case in the UAE:

• Employers: An employer can report an employee as absconding if the employee is absent for 7 consecutive days without providing any information about their whereabouts.
• Sponsors: Individuals or companies who have sponsored someone’s visa can report the person if they violate the sponsorship agreement or disappear without notice.

Typically, the report must be filed within 10 (or as stipulated) calendar days of the last known contact.

How to File an Absconding Case in Dubai and UAE?

Employers and sponsors in the UAE must follow a clear process to report an absconding case to MOHRE.

Here are the steps to report absconding in the UAE:

1. Prepare the report and evidence:

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.

2. Submit the absconding report to the MoHRE:

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. They should provide the employee’s personal details (work permit number, passport number, etc.), the start date of absence, and relevant information about the establishment.

3. Pay the absconding charges in UAE:

When reporting an absconding case in Dubai, the employer must pay a fee. The absconding fee in UAE is usually around AED 300, though it can vary depending on the company and specific case.

4. Wait for MoHRE to review the case:

A competent officer reviews the case and may contact the employer for more details if needed. The process usually takes about 2 working days. Employers can track the application through the MOHRE website, app, or customer service. After the review, MOHRE sends the outcome 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.

How to Remove Absconding Status in UAE as an Employee?

Sometimes, an employee may find their name on the absconding list even if they disagree with it. Maybe there was a genuine reason, 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:

1. Contact the authority: The employee must immediately contact MoHRE and explain their situation.

2. Provide the evidence: 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.

3. Consult a legal expert: 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.

4. Pay any fines: In case of an employee visa overstay, it is advisable to pay any due fines.

5. Status removal: If the employer is convinced or if the employee wins the case, the absconding case with MoHRE will be cancelled.

How to Remove Absconding Status in UAE as a Visitor?

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:

1. Contact the immigration authority:

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.

2. Provide the evidence:

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.

3. Consult a legal expert:

Those who specialize in UAE immigration laws may be able to simplify the process and reduce costs by minimizing fines.

4. Pay any fines:

The applicant must settle all outstanding fees for the overstay or other related violations.

5. Rectify the violation:

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.

Why Do People Abscond?

There can be several reasons that can compel an employee or visitor to abscond:

• Not being paid a competitive salary for the work being done.
• Undesirable working environment and culture.
• Lack of growth opportunities.
• Unfair treatment from the employer.
• Excessive workload.
• Lack of benefits such as leaves, etc.
• Arguments over an issue with the employer.
• For visa holders, it could include accidentally missing the deadline for visa renewal, financial difficulties preventing renewal, or fear of an inability to renew, which may lead to absconding.

Early Signs of Absconding

There can be some early signs of abscond intention of an employee. Employers can locate them and take preventive measures beforehand.

• Taking excessive and frequent leaves from work
• Missing from office without a valid reason
• Quality of work impacted
• Suspicious social media updates
• Lack of interest in work

Proper management of these factors can help decrease the potential cases of absconding in UAE.

Wrapping up

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.

Stay Legally Compliant with Dubiz

Dubiz Business Setup can be your business’s 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, let Dubiz help you get settled for good:

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