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.
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.
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.