In the UAE, the issue of absconding refers to employees who leave work without providing the necessary notice period or through an invalid cancellation of the employment visa. Thousands of employees are recorded annually within the UAE for absconding.
The extent to which it has become a significant issue within the employment sector is very evident. It’s essential for employers to address the issue of absconding promptly and through the necessary legal channels in order to avoid disruptions within the organization and fines from the authorities. The issue of employees absconding can be serious, especially when not handled correctly.
Absconding may negatively affect recruitment, MOHRE and GDRFA compliance, and financial stability. It is necessary for employers to be informed about the legal aspects of absconding in order to provide them with the best protection possible.
What does absconding mean within the UAE?
Absconding is when an employee leaves their position at work or the UAE without informing their employer. As a result of these serious infractions, offending parties may find themselves facing fewer options regarding employment and immigration. Absconding tends to create vacancies within a company that can ultimately cause delays, loss of money, and reduced client satisfaction. Timely reporting and adherence to the rule of law assist employers in containing this risk and facilitating operations with ease.
Why employees abscond in the UAE
There can be numerous reasons why employees abscond in the UAE. The most common causes are financial troubles, fearing legal consequences, dissatisfaction with a job, or misunderstanding visa principles. This includes employees trying to escape from loan repayments or other monetary liabilities, disputes with management or colleagues, or apprehensions of visa overstay. Acknowledging the reasons for absconding may provide a basis for employers to take precautionary measures that help reduce its prevalence and the risks associated with it.
What business owners should do when an employee absconds
Employers must file an official absconding report and follow UAE labor procedures to protect their business legally. Ignoring absconding cases can result in unauthorized absences, unreturned company property, and delays in hiring replacements. Employers are obligated to notify the Ministry of Human Resources and Emiratisation (MOHRE) or General Directorate of Residency and Foreigners Affairs (GDRFA) promptly. Proper handling ensures legal protection, enables visa cancellation, and allows the company to maintain compliance with labor and immigration laws.
Step-by-step process for reporting absconding in the UAE
A detailed approach is needed when filing an absconding case to make sure all MOHRE and GDRFA regulations are met. Here are the steps to follow when filing a case:
Step 1: Verify that the employee has truly absconded
It is very important to start by confirming that the employee has, in fact, absconded. Determine whether they were absent from work without permission for a qualifying period of time. The required period of absence before an absconding case can be filed, is usually seven days.
Step 2: Try contacting the employee
Do not file an absconding case before trying to gain information from the employee. Make an effort to reach the employee via phone, email, or registered mail to find out what their intentions are.
Step 3: Gather all employment and identification documents
This step is very important and should not be neglected in any way. Compile the documents you may require, including contract of employment, a copy of the passport and visa, and attendance record.
Step 4: File an absconding complaint through MOHRE or GDRFA
You are now ready to formally report the absconding of your employee. Submit your complaint either in-person or online via the relevant portals.
Step 5: Pay applicable absconding case fees
You may be required to pay an admin fee before your absconding case will be attended to.
Step 6: Cancel the employee’s work permit/visa (if required)
Work alongside immigration authorities to cancel the applicable work permits and free up your visa quotas.
Step 7: Cooperate with authorities during investigation
Make sure you respond quickly to any communication from MOHRE or GDRFA to speed up the process.
Evidence employers must collect in absconding cases
Employers have to stay on top of all reports that will support any absconding claims they may have. They also have to prove compliance with all UAE labor regulations. Without the required supporting documentation that can confirm that an employee has absconded, authorities may be very hesitant to rule in favor of the employer. This can result in lengthy delays, dismissed cases, and heightened scrutiny during future investigations. These can be avoided if employers have the following well-maintained and on hand:
- Employment contract
- Emirates ID copy
- Passport copy
- Attendance records
- Communication attempts (emails, calls, letters)
- Salary statements
- Any prior warning letters or HR documentation
Proper documentation ensures the absconding case is accepted and protects the employer from disputes or penalties.
Legal consequences of absconding for employees
Absconding has serious repercussions for the employee under UAE law, as it is classified as a violation of both labor and immigration laws. By absconding, the individual leaves the employment contract incomplete, as they fail to resign officially or cancel the employment visa, resulting in sanctions that might affect them for the rest of their stay in the UAE.
Immigration bans are another common consequence that prohibits an individual from re-entering the UAE for a stipulated time or even lifelong. The purpose of such immigration bans is generally to control immigration and prevent misuse of visas. Besides that, an individual may face a labor ban in relation to an employee who seeks to change jobs. This will prevent an individual from legally seeking employment in the UAE.
If found guilty of absconding, employees may also face fines for contravening labor or residency regulations. This can apply to cases where employees have overstayed their visa or failed to comply with visa cancellation terms. The fines can add up quickly and must be paid before considering any future visa applications.
Another serious consequence of absconding involves being barred from re-entering the UAE. Additionally, even if a worker has a chance to secure a follow-through job offer, an unaddressed absconding case could hinder re-entry into the UAE. Finally, a visa will be cancelled after an absconding case has been processed, ending a worker’s stay in a UAE-based job.
These consequences show that absconding is a serious matter under UAE law and that employers must handle cases carefully and in line with official procedures.
Can an absconding case be removed or withdrawn?
Yes, an employer can withdraw an absconding report in certain situations. This includes if the case was filed wrongly or if the employee comes back and settles the matter. Despite being very strict about enforcing regulations, the UAE Labor authorities acknowledge that there are instances where an employer should be allowed to withdraw a case or where the case should be removed.
In many cases, withdrawal requests should fulfill corresponding time limits set by MOHRE, and cooperation from both sides can sometimes be necessary for resolving withdrawal cases. The employer is also obligated to inform authorities about withdrawal cases and ensure that the status of work relationships is either resolved or ended as per the laws.
Awaiting the resolution of the absconding case by the MOHRE might include reviewing attendance records, employment contracts, and communication. Once accepted, the absconding record is deleted, and the employee’s visa status might be updated. Acting on the matter promptly is crucial, as delaying might impact the reversal of the absconding report.
How absconding affects the employer
Absconding can affect an employer in countless ways. One of the biggest implications involves the biggest administrative workload the business has to carry when an employee absconds. Instead of focusing on important tasks related to the day to day running of the business, the employer (and HR team) will be forced to spend time on unnecessary administrative tasks that are a direct result of the employee leaving work without the necessary permissions in place.
Delays in hiring replacements:
Another way employers are impacted by an absconding employee, is through the delay in the recruitment of new staff. While an absconding case remains unresolved, the business is not able to hire someone else to fill the position of the absconded employee.
Visa quota restrictions:
Visa quotas are also impacted by absconding, especially where a business has a limited visa quota that can be utilized for the appointment of team members.
Financial impact:
There is also a tangible economic cost associated with absconding employees. This includes the cost of hiring, the cost of training, the cost of lost productivity, as well as the cost of unreturned company property.
Documentation workload:
Absconding results in more administrative duties, such as the handling of reports, evidence, and communication with the MOHRE or the immigration department. This not only takes a lot of time but can be an expensive endeavor as well.
Potential fines if procedures are not followed:
Finally, the risk that potential fines for failure to follow procedures present is very serious. Being late with reports, inadequately reporting incidents, and even improper filings may present potential fines and heightened scrutiny during review. Efficient management for cases involving absconding will mitigate these and ensure that operations remain continuous.
Preventive measures to reduce absconding in your company
Employers can reduce absconding by strengthening communication, offering fair contracts, and monitoring visa status. A proactive HR approach helps to address issues early and creates a more stable and compliant workforce.
Key preventative strategies include:
- Clear onboarding and expectations: Ensure all job descriptions are clear and accurate. Pay special attention to the summary of duties, working hours, and company policies that have to be enforced.
- Transparent salary policies: Ensure all employees understand the company’s compensation structure. Make salary payments on time to reduce the risk of employee dissatisfaction.
- Regular HR check-ins: Have regular discussions with employees to identify potential areas of concern. This will allow an employer to address these issues before they become a big problem in the workplace.
- Support for employees with financial/legal difficulties: Offer counseling or referrals to relevant professionals when personal problems are identified.
- Monitoring visa expiration dates: Track and renew visas proactively in order to avoid any legal complications.
- Offering grievance channels: Provide safe mechanisms for employees to voice complaints or address disputes.
Implementing these measures decreases the possibility of employees quitting suddenly and enhances the stability of the workforce.
Frequently asked questions
How long must an employee be absent before filing an absconding report?
The employee must fail to attend work for seven continuous days without a sufficient cause, no approved leave, communication, or reasonable explanation provided to the employer.
Can employers face penalties for filing false absconding cases?
Yes, filing a false absconding report can result in legal consequences. This can range from fines and penalties to compliance issues and even restrictions relating to hiring imposed on the employer.
Can an employee dispute an absconding report?
Yes, employees can challenge the absconding claim through MOHRE if they believe that the report is not correct, there is no evidence in support of the claim, or that the claim was filed without going through the proper legal procedures.
What happens if an absconding employee re-enters the UAE?
The employee could be fined, restricted from entering the UAE again, questioned by the authorities, or subjected to further legal action upon arrival in the case of a labour or immigration ban.
Can employers hire a new employee immediately after filing absconding?
The employer would usually be required to wait until such time as the absconding case is closed and the visa is cancelled before being able to hire replacements or issue a new work permit.
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