All about ABSCONDING!

Absconding: What does the Law say?

If you have absented yourself from your workplace for a continuous period of 7 days, your employer can report you as Absconding! It is that simple! As the word itself suggests, Absconding means not showing up for work without any valid reason or without informing your Manager or HR in advance. There may be many reasons for you not to attend the office or work. But it is your duty and obligation to inform about your absence in advance to your company officials.

absconding

When can you file absconding report?

If your employee has not reported to work for continuous 7 days and if you believe that your employee is inside UAE, you can file Absconding report with Ministry of Labour. This is mentioned in the Ministerial Resolution No. (721) for 2006 of Federal Law No. 8 of 1980 on Escape Report Procedures.

absconding in uae labour law resolution

Documents required to file Absconding Report:

  • Make sure that the employee is inside country. For this, take print of Personnel File from eDNRD site or from Immigration to prove that the employee is inside UAE. Fees for this is AED 120.
  • Passport copy;
  • Labour Card or Emirates ID copy;
  • Labour Establishment Card copy;
  • Original e-signature card of the authorised signatory;
  • Trade License copy;
  • Date of abscond;
  • Application Fee: Dh53 should be paid at Tas’heel Centre

Process to file Absconding report (Steps to follow):

  • Type electronic abscond application from Tas’heel Centre;
  • Wait for online approval by next day;
  • Take approval print-out and submit at Immigration Department along with Trade License copy & Immigration Establishment Card copy;
  • Immigration fee: AED 340 (in Dubai) (subject to change).
    • Air Ticket fare should be deposited at Immigration for some nationalities.
    •  Immigration fee: AED 5350 (Sharjah). Part of the amount will refunded after employee’s exit.

What if I have FAKE ABSCONDING report?

  • Companies must be aware that fake absconding reports will attract a fine of AED 10000 per instance;
  • Companies of the owners and all other firms with partners will be blocked unless the company pays AED 10,000;
  • Bank guarantee amount will not be refunded by Ministry of Labour;
  • The category of the company will be changed to C.

What if employee has actually Absconded?

If it is verified that the worker had not been working in the organization throughout the previous three months or /and rather was working with another organization holding the visa of the old organization, the employee might be given a one-year ban regardless of the possibility that the report is cancelled.

How to cancel Absconding report?

A company may cancel absconding report in the event that they give an endorsement that there was a mistake in the report. For instance, the name included wasn’t right or the worker was hospitalized or was detained and was absent due to this from work.

If you are an employee, then you can provide valid proof that they have attended work and that they have informed the concerned management. If you find that your name appears on Absconding list and that you have actually kept your employer informed about your absence, you can approach Ministry of Labour and provide them with proof.

How to report Employee Absconding when the employee is out of UAE?

If you know that your employee is out of UAE, then you can not file absconding report. However, when you are cancelling the visa of the employee, you may request to impose one year ban on the employee.

Important resources:

Wrongful Absconding cases in UAE-Justice served!

Khaleej Times

About Deepak 505 Articles
Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.

30 Comments

  1. I have put case on my company and they put complaint on me that abscond so now whyat will i do? Can i go to oman by road for sumdays?

  2. I was working in Semi Government company of Sharjah. I was on probation and took emergency leave came to Oman after that I have sent my resignation but they did not acknowledge my resignation. No I would like to come to UAE to sell my car and other stuff but I found that they have filed an absconding report against me.
    Kindly suggest how can I enter in UAE and sort out my issues. I dont have any outstanding with bank and credit card.

  3. You have provide notice for the labour contract expiry and not visa expiry.
    Although the visa has expired, it has not been officially cancelled.
    You have to sort this out with your company and cancel the visa officially through Immigration.

  4. I was worked in an private cleaning company in UAE, At that time i have been subjected to verbal abuses, stressful workplace etc, I was decided and i sent a notice period resignation letter to the company management but the management did not consider my mail, After 30 days again i sent a remainder mail regarding my resignation but i did not got any response from the management, I cant able to face the stress, i arranged my air tickets and i left from UAE, I came back to India. I have been in India for 5 months. Now i got a good offer in another company, That company HR’s asking me to join ASAP. I am afraid now, is it possible to work again in UAE. Please give me solution for this that will be really helpful for my carrier

      • Hi,
        Thanks for the reply, we applied for an employee absconding, labor called both employee and employer but labor office approve the absconding and then we applied the same in Immigration and then immigration gave us that paper I mentioned in first question.

    • How could he possibly put me on “absconding” when I am not in UAE? It contradicts the information on your post.

        • Ah some confusion Deepak, let me explain. In order to mark an employee absconding it needs some form of proof or a confirmation from immigration officials that I am inside the UAE as per your post but, the fact that I am outside the UAE since 5 months and being cleared to GO makes me dubious about the claim that I’ve been put on absconding. What do you think about this situation? Thanks a bunch 🙂

  5. dear sir i was working with a company in dubai in 2016 my company name is auto korea motors llc .once day on duty i shout with my boss for salery after that my company putt a falls abscond on me and my pasport with air ticket give to cid police police catch me front of my company gate and the next day deport me from uae now i m in pakistan i want to come back in uae many time i applay vist visa but rejected dear sir i m a poor persan plz help me my email is [email protected]

  6. hellow am ryan and i wont to ask i have absconding case but i wont to go back in my country i wont to now that dont have any poblem in air port tomorow is my flight pleas i need a answer thank you have i nice day

  7. HI
    I am Khurrum from Pakistan, in his Feb i had joined a company at UAE (Hamriya Free Zone) but in last week my father was critically Ill and i have to come here My company allow me for three days visit at Pakistan, but here it is the situation is not good to go back & continue my job there at Sharjah (UAE) i inform to my manager as well, but if HFZ Authority & my company declared me as Absconding, Then what will be the Difficulties & Hurdles I faced in future. e.g ” Is there life time Ban on me to come at UAE, or Just One Year BAN on me ?”
    Please tell me the Answer of this in details.

  8. Dear Deepak,
    Are the teachers who worked more than 6 years eligible for two month leave salary?

  9. Dear Deepak,

    Kindly let us know what is the next step after an employee is marked as absconding in Labour.

    What would be the procedure to trace back the employee

    • Hi,
      MOL does not do anything to trace the employee.
      The employee will not be able to exit the country without first cancelling labour car and visa.
      You could employ your efforts to trace employee.

      • Hi Deepak,

        I forced to resign by the company since I was not able to perform my job that well because of my very sensitive pregnancy. My resignation was received by the HR Manager and I asked them to not cancel my visa just yet since I would not be able to come and go of the country because of sensitive pregnancy. But I heard from my ex-colleagues that since I did not give my passport for visa cancellation, my company filed me an absconding case.

        Would there be still a chance to sort this out? If not sorted out, would they still detain me in jail before sending me back to my home country?

          • hello sir
            i am terminated in my old company now we agreed that his pro said that just pay your visa as a form of loan and same time i am terminated. it is possible that the employer can file abscond?

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