Your employer might label you as absconding if you have been absent from work for seven consecutive days without notice. There could be various reasons for your absence, but it’s crucial to communicate with your employer promptly. If you fail to do so, it’s essential to know how to identify and resolve an absconding case in the UAE. This guide will walk you through everything you need to know about absconding, from understanding what it entails to the steps you can take to clear your name.

Let’s explore:

1. What is absconding?
2. How to check an absconding case in the UAE?
3. When can an absconding case not be filed?
4. Common mistakes to avoid in absconding cases.
5. How to remove your name from an absconding case?
6. What are the penalties for absconding?
7. Why seek professional assistance for absconding cases?

1. What is Absconding?

In the UAE, absconding refers to an employee’s prolonged absence from work without a legitimate reason or prior notification. Under the UAE Labour Law (Federal Decree-Law No. 33 of 2021), an employer can file an absconding case if an employee fails to report to work for seven consecutive days or 21 non-consecutive days within a year without valid justification.

1.1 When is Absconding Considered?

Absconding is considered under the following circumstances:

• The employee is absent without notifying the employer.
• No valid reason (e.g., medical emergency with a certified document) is provided.
• The absence violates company protocols and communication standards.

Employers have the right to file an absconding case through the Ministry of Human Resources and Emiratisation (MOHRE) if these conditions are met.

1.2 Who Can File an Absconding Case?

Only an employer can file an absconding case. However, filing must be justified and supported by proper documentation. False or malicious claims may result in legal penalties for the employer.

1.3 Costs of Filing an Absconding Case

Employers must pay a security deposit (around AED 3,000) to file an absconding complaint. Filing a fraudulent or malicious complaint can result in a fine of up to AED 10,000.

2. How to Check an Absconding Case in the UAE

There are two primary ways to check if an absconding case has been filed against you:

2.1 Visit a Police Station

• Go to your nearest police station.
• Provide your Emirates ID or passport details.
• Request information about your legal status.

2.2 Use Online Platforms

• Visit the official MOHRE or immigration website.
• Log in to the “Individual Services” section.
• Enter your Emirates ID or visa details.
• Check for any active cases.

3. When Can an Absconding Case Not Be Filed?

Certain conditions prevent the filing of an absconding case:

• Approved Annual Leave: If the employee is on approved leave.
• Pending Labour Disputes: If the employee has filed a complaint against the employer.
• Force Majeure: Unforeseen circumstances beyond the employee’s control.
• Malicious Intent: If the employer files an absconding case to terminate the employee unjustly or avoid paying gratuity.

The MOHRE thoroughly reviews such cases to ensure they meet the necessary criteria.

4. Common Mistakes to Avoid in Absconding Cases

• Working for Another Employer: Engaging in unauthorized employment.
• Ignoring Debts: Failing to clear dues, including bank loans and utility bills.
• Committing Fraud: Involvement in illegal activities such as issuing bounced cheques.
• Lack of Legal Advice: Not consulting a legal expert can worsen your situation.

5. How to Remove Your Name from an Absconding Case

5.1 Steps to Clear an Absconding Case

1. File a Withdrawal Application: Complete the “Withdraw an Absconding Report” form and submit it to MOHRE.
2. Seek Legal Assistance: Work with a lawyer to challenge the case.
3. Contact Your Embassy: Your country’s embassy can provide additional support.

5.2 Amnesty Programs

Occasionally, the UAE government offers amnesty programs allowing absconders to rectify their legal status without penalties. Check with the MOHRE or your embassy for such opportunities.

6. What are the Penalties for Absconding?

6.1 Employment Ban

An absconding ban can last up to one year, during which the individual cannot work in the UAE. Repeat offenses may result in a lifetime ban.

6.2 Employer Penalties

Employers filing false absconding cases may face fines of up to AED 10,000 and other legal consequences.

7. Why Seek Professional Assistance?

Navigating absconding cases can be complex. Professional legal consultants can:

• Guide you through the process of resolving absconding cases.
• Help you understand your rights and obligations.
• Assist in filing appeals or objections effectively.

Conclusion

If you suspect an absconding case against you, act quickly. Knowing how to check and resolve absconding cases in the UAE is crucial for safeguarding your legal and employment status. Whether you need to clear your name or seek legal advice, professional guidance is invaluable. Don’t hesitate to reach out for expert assistance in resolving your case smoothly and efficiently.