The United Arab Emirates is a dream destination for many, owing to its modern lifestyle, rich culture, and great opportunities. However, navigating unfamiliar legal requirements and laws can be a major challenge for those living and working in the country. Any kind of misuse or violation of the rules can put them in harm’s way. Absconding is one such rising concern, posing significant risks for both employers and employees. The legal consequences of absconding in UAE include job termination, work bans, deportation, disruptions in business operations, and financial losses.
Therefore, it is crucial to understand the implications of absconding and follow proper procedures to prevent any unfortunate repercussions.
What is absconding in the UAE: Explained
When an employee leaves their job without notice for more than 7 consecutive days or a visitor overstays their visa, it is called absconding in the UAE. In such incidents, employers or sponsors must report to the employee or visitor to the Ministry of Human Resources and Emiratisation (MOHRE) or GDRFA. The legal consequences of absconding in UAE typically include fines, deportation, a travel ban, and cancellation of work permits.
According to Article 28(1) of Cabinet Resolution No. 1 of 2022, the following cases would be classified as absconding in the UAE:
Leaving a Job Without Notice: Employees who resign without notice as specified in their employment contract.
Overstaying a Visa: Individuals who stay in the UAE after the expiry of their visa, without getting it renewed or departing from the country.
Working for Another Employer: When employees under the sponsorship of an employer work for another company without cancelling their current work permit and labour contract.
Escaping Sponsorship: If an individual leaves without informing their sponsor.
Legal framework: Absconding case rules in the UAE
The following authorities are the primary regulatory bodies that regulate and manage absconding case rules in the UAE:
- MOHRE: Ministry of Human Resources and Emiratisation
- ICP: Federal Authority for Identity, Citizenship, Customs & Port Security
- GDRFA: General Directorate of Residency and Foreigners Affairs
The legal framework governing the absconding case rules in the UAE is established by the following laws: -
Federal Decree-Law No. (33) of 2021 (Labour Law): Regulates the employer-employee relations across the UAE, including the unlawful absence of employees from work.
Ministerial Resolution No. (1186) of 2010: Establishes the framework for issuing new work permits after termination or absconding.
Ministerial Resolution No. (721) of 2006: Sets out the procedures for reporting absconding to the MOHRE.
Ministerial Resolution No. (707) of 2006: Governs the cancellation of absconding reports in case of withdrawal of the case by the employer or the submission of valid reasons by the employee.
GDRFA Laws for Immigration: Regulates the residency and immigration of expats in the UAE.
Types: Legal consequences of absconding in UAE
The legal consequences of absconding in UAE can be serious for employees, employers, and visitors holding residence visas.
Employees Absconding
- Deportation: Employees are deported from the UAE at their own expense.
- Travel Ban: A travel ban is imposed by the authorities, preventing the re-entry of the individual to the UAE or other GCC countries temporarily or permanently.
- Blacklisting: Absconding records may be highlighted in immigration systems.
- Financial Penalties: A fine or obligation to compensate employers for damages that may have caused due to the absence of the employees.
- Difficulty Finding Employment: Limited future job opportunities in the UAE due to a record of absconding.
Employers Absconding
- Administrative Burden: Employers need to follow formal procedures to report absconding to prevent any delays or complications.
- Potential Legal Issues: Legal actions against employers who are found responsible for an employee’s absconding, such as unfair labour practices.
- Reputational Damage: Significant damage to the employer’s reputation and recruitment efforts.
Visitors Absconding
- Fines: Daily fines are imposed by the authorities for visa overstays.
- Deportation: Absconding visitors are deported at their own expense.
- Travel Ban: A travel ban may be imposed, restricting future travel to the UAE and other GCC countries.
- Difficulty Renewing Residence Visa: An absconding record can complicate the visa renewal process.
- Blacklisting: It may become difficult to obtain future visas for the UAE or other countries due to the absconding records in immigration systems.
Common reasons: Legal consequences of absconding in UAE
There are several reasons why employees or visitors abscond in the UAE -
- Unfair treatment, low wages, unsafe conditions, or excessive workloads.
- Unresolved disputes over salaries, benefits, or contractual obligations.
- Unintentional overstaying due to missed visa renewal deadlines.
- Fear of deportation after losing a job or inability to renew their visas.
- Lack of funds before visa expiry.
Legal consequences of absconding in UAE
Absconding in the UAE can result in legal complications for the employees, employers, and visitors.
Penalties for employees:
- Deportation and travel ban
- Employment ban
- Permit and visa cancellation
- Financial penalties or compensation
- Blacklisting
- Criminal charges
- Cancellation of employment benefits
Penalties for employers:
- Disrupted business operation
- Possible fines or penalties
- Reputational damage
- Hectic process of running and tracking the case
Penalties for visitors:
- Deportation and travel ban
- Financial penalties
- Blacklisting in the immigration system
- Responsibility of the sponsor
- Lost opportunities for future mobility and economic opportunities
Filing an Absconding case in the UAE
There is a clear process that employers and sponsors must follow to report an absconding case in the UAE -
Step 1. Prepare the report and evidence
Collect necessary evidence proving the employee’s absence from work for 7 consecutive days without notice and without a valid reason. The employer can submit the signed employment contract, attendance sheets, timesheets, last check-in records, and call logs showing their attempts to contact the employee.
Step 2. Submit the absconding report to the MoHRE
The absconding report must be filed with the MoHRE, providing the employee’s personal details, such as work permit number, passport number, etc., the start date of absence, and relevant information about the company.
Step 3. Pay the absconding charges
Reporting an absconding case involves a fee that the employer needs to pay, depending on the company and the specific case.
Step 4. Wait for MoHRE to review the case
A qualified officer reviews the case and contacts the employer for further information. After a successful review, MOHRE shares the result with the employer through a text message.
Note: If a visitor is absconding in the UAE, the sponsor of the visa, such as a travel agency, friends, or family, must report the case to GDRFA.
Resolving an Absconding Case: For Employees in the UAE
There might be cases where employees are wrongly accused of absconding in the UAE. In such cases, they can approach the MOHRE with proof and request the removal of their name from the list. Here are the steps to resolve this issue:
Contact the authority: The employee must approach the MoHRE and explain their situation.
Provide the evidence: The employee must back their explanation with strong evidence, such as communication attempts with the employer, genuine reasons for absence, notice to the employer, etc.
Consult a legal expert: If the employer refuses to withdraw the case, the employee can appoint a legal consultant who will handle the entire matter and resolve the issue while protecting the employee's rights.
Pay any fines: If the employee has overstayed their visa, they must pay any due fines.
Status removal: If the employer withdraws the case or the employee wins the case, the absconding case is removed from the list of MOHRE.
Resolving an Absconding Case: For visitors in the UAE
Some unforeseen situations may coerce visitors to overstay. In such situations, individuals can attempt to clear their name from the absconding list with the GDRFA:
Contact the immigration authority: The individual must appeal to the GDRFA or contact the sponsors to clarify valid reasons for overstaying.
Provide the evidence: The individual must provide supporting documents to back their appeal. For example, proof of overstay (illness or an emergency), medical reports, or other relevant documents.
Consult a legal expert: Seeking support from those specialising in UAE immigration laws may help simplify the process and reduce costs.
Pay any fines: The individual must ensure to settle all outstanding fees for the overstay.
Rectify the violation: The individual may have to leave the country and return through proper legal channels to rectify their immigration status in the UAE.
Tips to avoid the legal consequences of absconding in UAE
If you want to avoid being marked as “absconding” in the UAE, follow these smart tips: -
Maintain Professional Communication:
- Always Notify in Writing: Inform your HR or manager through a written notice, via email or WhatsApp.
- Obtain Leave Approvals: Get your leaves formally approved in writing or through the company’s HR portal.
- Sick Leave Documentation: Obtain a medical certificate from a UAE-registered clinic and submit it to your employer.
Manage Resignations Properly:
- Serve the Notice Period: Adhere to the notice period specified in your employment contract.
- Obtain Acknowledgement of Resignation: Make sure your employer accepts your resignation letter.
- Complete the Handover: Make sure to sign the formal “End of Service” document and return all company property, such as laptops and keys, before leaving.
Stay Informed During Disputes:
- File a Labour Complaint First: File a formal dispute at a Twa-fouq Centre in case your employer withholds pay or treats you unfairly.
- Seek Permission to Stay Absent: Request a “NOC” or temporary permission from the MOHRE mediator to be absent from the workplace during legal proceedings.
Monitor your Visa Status:
- Keep Your Contact Information Updated: Link your mobile number to your Emirates ID to receive SMS notifications from GDRFA or ICP.
- Conduct Regular Checks: Regularly monitor your status on the MOHRE Inquiry Portal to check if your employer has taken legal action.
For Visit Visa Holders:
- Exit Before Expiry: Leave the country or renew your visa before the expiry date.
- Maintain Communication with your Agent: Inform your travel agency if you cannot afford to exit, as they have the legal right to report absconding cases.
Wrapping up: Seek expert help
Thus, understanding the legal consequences of absconding in UAE is crucial for all those who are planning to visit or work in the country. Employers and employees must be aware of their rights and responsibilities to prevent such cases.
If you need further information on the legal aspects of absconding in the UAE, contact our immigration experts who are well-versed in UAE labour and immigration laws and thus can provide the guidance and assistance you need. Our team will handle the legal requirements, visas, and paperwork, so that you focus on your goals while staying compliant.
Stay up to date and legally compliant with us.
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