In the United Arab Emirates (UAE), absconding, or leaving the nation without authorization from a boss, is a severe problem. According to UAE legislation, an employee who flees the workplace may be prohibited from working there ever again. Also, they could be subject to financial fines. Absconding in UAE is a very serious issue and it is essential to learn all about this topic.
The Complete Guide on “Absconding” in the UAE. The UAE Labour Law states that a worker is considered to have “absconded” if they fail to report to work for more than a week (7 days) without a good excuse. In other terms, it appears that the employee has been AWOL (absent without leave).
In this article, we will be talking about absconding in labor law. Absconding, according to definition by the dictionary, is the act of hastily and covertly leaving, generally without warning or notification. In the UAE, if an employee misses seven consecutive days of work, the company has the right to file an absconding complaint.
Legal ramifications: Absconding and UAE Labor law
The Federal Law number 8 of 1980 Regarding the Regulation of Labour Relations, generally known as the UAE Labor Law, is the general statute that governs all labor-relating matters and provides guidelines for the protection of workers’ rights in the private sector. Additionally, the Ministry of Human Resource and Emiratization (MOHRE), formerly known as the Ministry of Labor, is responsible for maintaining and monitoring the relationships between employers and employees. As well as making sure that labor laws are upheld and adhered to in the private sector.
According to UAE Labour Law, if an employee misses work for seven days in a row, the employer may deem them to be absconding. The employer may declare an employee absent if there is no information regarding them to the company, no sick time, no vacation time, or any other legitimate justification. Employer must file an absconding request and contract with the local labor department. They need to provide legitimate documentation of their “absence without cause.” There must be a reasonable basis for the report of the employee’s disappearance. As well as no vacation time for the employee.
The employer must show both preliminary proof that the employee is absconding in UAE and evidence that the worker is still in the region. This, in order to charge the employee with absconding. According to article 120 of the UAE Labour Law, this is the case. According to article 128, if the agreement is short-term and the employer suspects the employee of fleeing, they will not be able to work in the nation for a year beginning when the employer reports the suspicion. Such an employee cannot operate for another employer during that 12-month period.
Termination procedures under UAE Labor law
Employees will suffer absconding consequences in UAE if they fail to report to work for 7 consecutive days if they are not under time off. Therefore, when this happens, they employer can terminate the employment agreement. Nevertheless, the company must follow the outlines regarding employment termination according to the UAE Labor Law. As a result, they must provide the employee with a notification regarding their absconding in UAE status and a notice period to return to their position.
In the same way, companies must notify the authorities about the absconding case, this includes letting the MOHRE know about the situation. If employers fail to report UAE labor law absconding, they will incur in penalties and other fines.
On the other hand, companies have the right to not provide end-of-service benefits to employees absconding in UAE. This, until the worker appears and the situation resolves. It is also important to note that, if the employee has been hired with the support of a hiring partner agency, the company can hold the firm liable for the damages the absconding employee causes.
Redundancy & termination: legal distinctions and processes
Since redundancy is not a legal terminology in the UAE, there is frequently confusion and ambiguity regarding the proper legal course of action. Although there is no statutory definition of redundancy, courts have previously recognized that businesses may be able to terminate an employee for cost-saving purposes in accordance with article 117 of the Labor Law.
When an employee is let go due to a decrease in the demand for their position, this is known as a redundancy dismissal. Redundancy terminations are dismissals that are never the employee’s responsibility because the choice was not made due to misconduct or subpar performance. Instead, it is a termination brought on by a shift in the demands of the business, a relocation of the workplace, or the total closure of an employer.
According to the labor legislation, a business may terminate an indefinite term employment agreement at any time for a legitimate reason by giving the employee at least one month notice of dismissal (or more time if the employment contract specifies a longer notice period). It is significant to remember that different laws apply when an employee’s short-term employment contract is over.
The components of the redundancy procedure will depend on the specifics of the circumstance and the size of the affected workforce.
Generally speaking, a fair and thorough procedure should include a meeting with the staff. This, as well as one-on-one consultations with every affected worker. The procedure should give both the business and the employees the chance to evaluate alternatives to redundancy. Such as, adjustments to employee benefits, new positions in different areas of the company, or a transfer to part-time work.
The business should also provide the staff with formal letters and updates throughout the process. Along with the records relating to the layoffs and the overall economy status.
Employee’s rights amidst absconding allegations
Employees under absconding in UAE accusations have certain obligations and rights. These include:
- The right to protect themselves. Staff members have the right to protect themselves in lieu of absconding in Dubai accusations. They can do this by providing the valid reasons for their employment absence or by demonstrating that they were in fact not absent from their positions without a valid reason.
- The obligation to keep their managers informed. Employees must keep their managers informed regarding any emergency or unforeseen situations that may stop them from going to work. This can include, health emergencies, accidents, and many other unanticipated events.
- Right to obtain their end-of-service benefits. If the staff member can prove that they were not absent from their job without a valid reason, they still have a right to obtain their end-of-service benefits from the employer.
- Obligation to come back to work. Workers who are under accusations of absconding in UAE have a greater obligation to come back to their positions within the period of notice their employers provide them.
Amnesty programs: addressing absconding in UAE
A program called amnesty enables expats to change their visa situation without incurring any fees or penalties. This project was started by the UAE government to assist those who were having problems with overstaying their visas. The program’s goal is to persuade individuals to come in and legalize their position in the nation.
Simply explained, amnesty is an extended duration for foreign nationals who want to leave the UAE or obtain a new visa without facing further challenges.
After knowing what amnesty is, it is critical to comprehend how it works. If an immigrant has a visa and does not leave the nation by the cutoff time after staying longer than necessary, they are breaking the law.
In the majority of cases, the offender will be liable for a fine, but in the worst case, they may receive a travel ban that will stop them from entering the country for two years. Most individuals under absconding in UAE do not want to obtain a travel ban to the UAE.
Thanks to the amnesty programs in the UAE, employees undergoing absconding in UAE, can regularize the status of their visa. Also, they can exit the region without having to pay any extra fees.
Benefits & limitations of absconding amnesty
According to the authorities, the benefits of amnesty for absconding in UAE are:
- Exemption from fines.
- Departure with no ban stamp.
- UAE return after departure.
- Status modification inside the region.
- Removing absconding case.
- Six-month temporary visa.
- Not leaving the region legally.
- Travel ban.
- Absconding case still in place.
- Fine payments.
Eligibility criteria for absconding amnesty programs
To apply for this amnesty program, eligible candidates are:
- Those who remain in the nation unlawfully but find new employment and new supporters.
- Immigrants who want to leave the country without paying any fines.
- Absconders who wish to lift the travel restriction and receive freedom to leave.
Documentary proof required for amnesty eligibility
In order to be eligible for amnesty, petitioners have to provide specific supporting documentation. Knowing which documents are necessary is crucial because the authorities may inquire for them again during the upcoming amnesty:
- Headshot pictures.
- Valid passport.
- Copy of passport. (If necessary).
If you obtain the amnesty for absconding in UAE, you will be able to obtain an exit permit. So, you will be able to legally leave the region. You must ensure that, if you are applying for amnesty, your absconding case is removed in the respective Emirate.
If you want to learn more about amnesty and other important topics in the region, go to our blogs section.