The United Arab Emirates has a large migrant and expat population and most of these migrants live in the UAE for the sole purpose of making a living. While some of the expats own their own businesses, the majority is employed by businesses and companies operating in the UAE.
With such a large expat population working in the UAE, cases often arise where the employee stops showing up for work, for one reason or other or violates the terms and conditions of his visa. To handle such cases UAE has absconding laws in place and the government strictly enforces these laws.
In this guide, we will try to understand what it exactly means to abscond in the UAE, how these UAE absconding laws work, what the legal consequences of Absconding in the UAE are, and what needs to be done if such a case arises.
What does Absconding in UAE mean?
Absconding in the UAE means that a foreign national residing in UAE on a work or residency visa leaves his job without informing his employer, leaves his residence without informing his employer, or generally takes part in activities that are deemed illegal or unauthorized as per his visa terms and conditions.
Common Reasons for Absconding in UAE
There are several reasons that can cause a foreign national to abscond and here are some of the main ones.
- Overstaying his visa: If a person fails to renew his work or residency visa and doesn’t exit the country, he is considering overstaying his visa and is technically absconding in the UAE.
- Running away from sponsor: To work or operate a business in mainland UAE you need to have a sponsor and if you move or quit your job without notifying your sponsor then you are absconding.
- Engaging in illegal work: Sometimes people don’t want to do the job that is stipulated in their visa and look for other kinds of work, which is considered illegal and results in absconding.
- Dispute with employer or sponsor: In some cases, the foreign national might get into a dispute with his employer or sponsor and as a result quit his job and abscond.
- General violation of visa conditions: General violations include providing false documents when applying for a visa, not following the right procedure when quitting a job, or moving away from your sponsor.
UAE Absconding Laws Explained
The primary law in UAE to deal with absconding is Federal Law Number 8 of 1980 otherwise known as the UAE Labor Law. This law combined with the Ministerial Resolution No. (721) for 2006 dictates the rules and regulations for Absconding in the UAE.
These laws are enforced by The Ministry of Human Resources and Emiratisation (MoHRE). Not only does enforce the absconding laws but it also ensures that the labor rights are protected as well. Besides the above-mentioned law there are other laws as well that deal with specific absconding situations.
Legal Consequences of Absconding in UAE
The United Arab Emirates has serious legal consequences for those absconding and they range from fines and penalties to outright deportation and ban. The following are the most common legal consequences of absconding in the UAE.
- Fines and Penalties: The fines and penalties levied for absconding vary from case to case. For example, if someone overstays their visit visa, they are liable to pay between AED 2000 to AED 5000. However serious criminal offenses can also result in imprisonment.
- Labor Ban: Absconding can lead to a labor ban in UAE which can range from six months to a permanent ban, in which case the foreign national is deported to his home country.
- Visa Cancellation and Deportation: In serious absconding cases, a person’s visa may be canceled and he is deported from the country.
- Travel Ban: If a person has any outstanding debts or his legal issues have not been resolved then he is banned from leaving the country till then and even those being deported have to clear these issues before deportation can take place.
Procedure for Reporting Absconding in UAE
In case of an employee absconding, the employer makes an absconding report to The Ministry of Human Resources and Emiratisation (MoHRE). This requires filling in an online application and providing the necessary documentation. The procedure to make the report is as follows.
- Visit the Tas’heel Centre website here and click on apply online.
- Next, click on disputes and select absconding request.
- In the next page fill in the application and upload the necessary documentation.
- Then pay the fee of AED 156.14 and submit the application.
It is important to note that an employer must treat his employees fairly and if he files a false absconding report, there are legal consequences for that. But if an actual absconding case happens then it is his duty to promptly file an application.
Employee’s Rights and Obligations in Case of Absconding Allegations
In case absconding allegations have been made against an employee, then UAE law affords him the following rights and obligations.
- The Right to Dispute Resolution: If the employee feels that he has been wrongly accused of absconding in UAE then he has the right to clear his name by approaching the Ministry of Labor and providing the necessary proof of his innocence.
- The Right to Protect Himself: UAE absconding laws permit the employee to defend himself if absconding allegations are made against him by giving a valid reason for their absence or by proving that he was not absent from his employment in case the allegations are false.
- The Right to Retain End-of-Service Benefits: If the employee is able to prove that he was in fact not absent from his job then he retains the rights to his end-of-service benefits and the employer cannot deny those to him.
- The Obligation to Return to Work: It is an obligation of the employee to inform his employer of his return to work and to give a valid reason for his period of absence. The reasons can range from health concerns, safety issues, accidents, or any other miscellaneous emergency.
The Obligation to Inform his Employer: It is the obligation of the employee accused of absconding in UAE to return to his job within the time period of notice that has been issued by his employer.
