Absconding in UAE Labour Law (2021 Update)

Absconding: What does the UAE Labour 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 manager.

absconding

When can you file absconding report?

If your employee has not reported working for continuous 7 days and if you believe that your employee is inside UAE, you can file an 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 an 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 the Absconding list and that you have actually kept your employer informed about your absence, you can approach the 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 an 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 TimesOpens in a new tab.

Deepak

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

59 thoughts on “Absconding in UAE Labour Law (2021 Update)

  1. Simple question. Is it law that upon completion of contract and moving to a new company that you must supply your old employer with a copy of the new company’s letter of offer?

  2. Hello Sir,
    My company put me under abscond sometime back in October 2020, so I’m 10 months overstay now. So today, I called them and they told me to go to immigration, that immigration will remove the abscond cuz for the past 6 months I’ve been calling n calling for them to remove. So last month the company told me it was on process and today I called and they said I should go to the immigration and they will remove it. So can it be possible the immigration had granted the approval to remove it and I only need to go there to finalise everything and pay my fines? Cuz I really want to do a new Visa for myself.

  3. Hello.

    I was working with a Taxi company in sharjah since 2017, and my contract support finish in August, 2020. In March 2020 during the total lockdown, the company withdrawn the taxi from me, and place me on 400Dirham’s monthly.

    As the law says employee should tender a letter giving company notice in case of not renewing the contract, on 7th day of July, 2020 I wrote to the company to notify them of my intention not to renew the contract stating to pay my gratuity and return flight ticket back to my home country but the company decline.

    At this point, in July, 2020 I sued the company to court where my passport was handed to me by the court, while the case is going on, the company went and place me on abscond, I came encountered with police on several occasion and was told to go and settle with my company.

    One of my colleague who we are in the same process and on same stage at the court was arrested last week and still detention and heading for Deportation.

    On this, what will I do to seek justice from this issue?

  4. I was cancelled by my previous company last August 2020, and I’m overstayed for 10 mons now but I’ve found job who’s willing to give a visa and to pay all my penalty fines but my old company file a Absconding Case against me due to I didn’t give any tourist visa at all. and now they asking me to pay 2500 AED. Isn’t it a real amount to lift the case?

    1. IF there is an absconding case against you, you will have to request your old company to lift that by paying the fees. You may also have to pay the penalty for overstay.

      1. in the case of the company Already shut down and the Boss a returned back to his home country, what can the employee do to remove the absconding

      2. Why would the company filed absconding case when the employee has resigned already? Absconding is when an employee has not been reporting to work for 7 days straight. How can an employee report to work if he was cancelled already? What’s the purpose of his old company asking for a copy of new visa from his new employer? Pls. educate me. Thanks.

  5. Hello There,

    I had a 90days tourist visa from a tourist company in Abu Dhabi through an agent in Dubai. After 62days spent on my tourist visa, I had a job from a company in Fujairah who issued an employment visa for me. But my new employer delayed my change of status for about 45days, and when they applied for my change of status, it got rejected indicating that there is a case on my name. I called the agent who processed my tourist visa to know if they have put any case on me but they said no. I then went to the immigration to verified the reason for the rejection and I was told that the tourism company who issued my visa had put an abscond on me, but my agent said they did not informed them about my overstay and that they could have informed to change my status earlier.
    Now, the tourism company is asking me to pay them 4000AED for them to remove the abscond but I have no money on me now as I have not even started working with my new employer.
    Please, what can I do?

  6. Hi Deepak,
    Glad to hear you .
    I am Pradeep Raghavan and I am in Dubai right now. I was working in a construction company and now I am on redundancy . I am facing lots of issues in Financial matters within UAE and now I am planning to invest in Share trading. Can you please guide me in trading on share market so that I can overcome my burdens to settle my financial problems within UAE. I do not want to abscond or cheat the country as this country has given me a great value to overcome my burdens in India. If possible can I meet you personally.

    Hope to hear you soon

    Pradeep Raghavan

  7. Hello
    One of our employee joined and left on the same date. All the process is being done by the typing center. I want to know what is this bank guarantee that is 3000/-. What is the benefit that the company will get if we pay this? Please help and let me know as the process too.

    Thanks

    1. You will have to cancel the labour approval/card and the deposit will be refunded. Since it is a gank guarantee, your deposit will be returned to bank.

      1. Hello Sir good day. I want to ask about my situation i have absconding case. I did complain in Mohre about my boss in cleaning company and to my sponsor. Because my boss did for me a housemaid visa but im working in his cleaning company. I have no offer letter and labour contract. And the sponsor’s name i dont know him. And the mohre told me go in the immigration tell them you have absconded and the mohre they cant help you about this only the immigration because i want cancellation because the company also they dont give us our salary and they take also my passport. And i paid also my medical, typing and the emirates id. Please give me advise for this problem. If i go in immigration what possible they do to me? Thankyou

        1. Only Immigration department can help in absconding case. Hope your situation improved.

          1. Herllo sir we have been kidnaped by our employer because they abuse us a work and we stoped work .. so we called police to release us , can she abscond our working passort?

            1. Hi sir can I ask about me also. July 29 while I’m on my work me and my manager have a little misunderstanding about work. Then July 31 Saturday before I planned to go work I chat my boss in WhatsApp about our schedule booking time and I ask him who will pick up me then he read my chats but after that he suddenly block me. I wait whole day maybe he just still angry with me but because he didn’t unblock me I feel strange that’s why I tried to send resignation letter through email for my safety and august 1 I went to tasheel and ask some advice I tell them that my boss ignoring me then they said I try to go back on our office and I go back there to ask what he’s plan to me then he just ignoring me and he didn’t want to talk to me he just said I don’t care and don’t talk to me just talk directly to my sponsor then I tell him if you don’t want me anymore cancel me now. But still he didn’t talk to me after that I don’t know what will I do now but still I tried to call him and chat him but he block me even in contacts still I send him message but he ignored me and even all my clients they asking me he’s telling I’m not available and after that he’s telling I’m not in company anymore but still I tried my best to apologize with him for our misunderstanding but I feel no more chance then suddenly he told me I don’t care even you call police then I go to tasheel I ask to check my status then they said my passport already in immigration. They are also keeping our passport

    2. I’m only visit visa, and I’m willing to pay my fine for only 6days,why the agency abscond Ed, pls help me what shall I do.?

      1. Not sure about other aspects here for you. Are you saying you have absconding case and have you cancelled your visa? Now you are on visit visa. That’d not be possible to come here if you’ve absconding case.

        1. how to clear my absconding as im tourist visa and want to change my visa inside country.

        2. travel agency demanding 4000 aed .i cant afford this high penalty .my visa expire on 17feb was sick could not get back and travel agency put absconded although it was announced government relaxation for one month. once inside country visa change it got rejected,although ica system showing visa validity 31march.

          1. Hi Muna,
            My friend is also in same situation. Have u been able to lift ur absconding case ?
            Kindly advise.

  8. Dear Sir,

    I was employed by a UAE based company.

    I was under probation and during this period i was very badly treated by a Iraqi, in Oman.

    I left for india and submitted resignation by email.and also offered to settle dues.

    now they are falsely accusing me of stealing, i have not signed any documents or do not even have bank account.

    They are threatening that I come to Dubai and settle their dues.

    They are not ready to settle dues from India.

    Please advise if they can file any case in India against me.

    1. For your own safety, better to stay in India.
      What are the dues for and what is the stealing accusation?
      I don’t think they can file a case in India.

  9. I’m absconding right now and my problem I want to going home by travel document but I’m scared go to police station that I’m absconded now just only I have copy passport only and I need police report for having travel document

  10. hi i was terminated from a company , although i have 25 years experience in big companies, i was terminated February 1. 2020, i requested them to hold my visa cancellation because my kids exams were due, else i have to cancel there visa and then my visa, then there was lock down in UAE due to covid and there were no flights , however i was reply to company emails and replying to calls, but without informing me they put absconding case for me , when i went to cancel my family visa to sent them back home , at that time i know there is case absconding case , because of this i lost air ticket covid test in all Aed : 2500, now i spoke to them they removed absconding case but asking me to pay 2600 dhs. fine. is this legal
    i dont have any money to pay , my family still in dubai
    pls. suggest

  11. Hi dear Deepak
    I am owner of compny.
    One of my employe not in my contac and his visa expired labour and immigration.
    So I have to abscound first labor and then immigration?
    Can I abscound without his passport?
    I have to pay deposit immigration or not?

  12. 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?

  13. 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.

  14. 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.

  15. 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

    1. If your company has reported you absconding, you may not be able to enter UAE.
      You may also have labour ban. These information can be received from Imiigration.

      1. i appreciate your reply, Thanks for it… Is it possible to come UAE by visit visa?

  16. Hi,
    What does that letter mean given by GDRFA saying “Temporary Closure-Absconding”

      1. 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.

        1. Hi Mr.Deepak
          My company terminated without prior notice so i filed case for my dues ans they also make cross case on me for dues after 2 years finally case finished i was overstay due to case i cancel my visa from labour but i give application for fine remove they told me there is absconding case on i am wonder how asbcondinf even i had case with two years kindly advise someone told me dont go immigration they detained and deport even i have proof of case docuements with them please really apperciated

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

        1. 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 🙂

          1. If you are outside UAE, absconding may not be issued. If you were reported absconding, immigration would not let you leave UAE.

  17. 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]

  18. 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

  19. 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.

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

  21. 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

    1. 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.

      1. 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?

          1. 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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