absconding case in the UAE Legal advice

Your employer might declare you as Absconding if you have been away from work for seven days in a row. There might be a variety of reasons why you are unable to attend work or the workplace. However, it is your responsibility to notify your boss in advance. If you have not, make sure you learn how to check an absconding case in the UAE. 

In this article, you will learn everything about absconding. From how to check an absconding case in the UAE to what it means t o have one. There are certain criteria to follow when filing an absconding accusation and other ways in which you can prevent them. It is important to have all this information when planning to work in the UAE Let us take a look:

1. What is absconding?

2. How can you find out if someone is absconding in the United Arab Emirates?

3. When is it not possible to file an absconding case?

4. What should you avoid in an absconding case?

5. When is an absconding case removed from the UAE?

6. How can you have your name removed from an absconding case?

7. How long does an absconding case last?

8. Why should you contact us to work on your absconding case?

1. What is absconding?

Absconding case in the UAE

The word absconding refers to someone who flees hurriedly and surreptitiously. Usually to evade arrest or escape detention. However, in the United Arab Emirates, this phrase has a specific meaning under Federal Law N. 8 of 1980 on the organization of labor relations and its revisions (UAE Labour Law).

When people learn this, they can worry and want to learn how to check an absconding case in the UAE as soon as possible. However, it is best to take a breath and understand what this is all about.

1.1 When can you consider absconding?

if a worker fails to report to work for seven days in a rowAccording to UAE Labour Law,  or for twenty-one days in a row they are eligible for absconding. Learn how to check an absconding case in the UAE if you think you might be in trouble.

Employees must also take reasonable care and caution while they are absent from work. They must notify their absence following corporate standards through the proper channels via written communication. Healthcare sick leave certificates should be provided to document absences for medical reasons.

This absence must be without a legitimate cause, and throughout a year of employment. Since it is considered absconding the employers may take action against the worker. If you are an employer who accused a worker of absconding, you may also want to know how to check an absconding case in the UAE to see the status.

1.2 Who can file an absconding case?

At the request of the employer, an absconding complaint is submitted. To submit an absconding complaint, the employer must first file a labor complaint with the MOHRE against the worker. Make sure you find the best labour lawyers in the UAE to help you.

However, if the employee was unable to show up for work for a good reason, the person’s ‘absconding’ must not be affected. Filling an absconding case could also have repercussions on the employer if it was unjustified.

1.3 Does it cost money to file an absconding case?

To file a complaint, the employer must additionally pay a security deposit to the MOHRE (approximately AED 3.000). If an absconding complaint is in bad faith, the employer may incur a maximum penalty of AED 10.000.

2. How can you find out if someone is absconding in the United Arab Emirates?

Absconding is the term used when a worker in the UAE fails to show up for work for over 7 days without a good excuse. Now, you will learn how to check an absconding case in the UAE.Additionally, how to get your name removed from an absconding case.

2.1 How to find out whether someone is absconding in the United Arab Emirates?

The first thing you need to know on how to check an absconding case in the UAE is the following. You can go personally to a police station and they must provide you with the information you are requesting.

2.1.1 Pay a visit to the police station

First and foremost on how to check an absconding case in the UAE, you must check your case file with the police department. Furthermore, you should consult a lawyer if possible. Legal services will be very helpful if you happen to have an open case.

When you have a complaint, you should appeal or object to a decision if you have obtained one. After that, you will be able to change your status and eliminate your absconding.

2.1.2 Examine the online platform

The other way how to check an absconding case in the UAE is to look it up on the internet. Yes, it is as simple as that. However, having a legal consultant is also a great alternative if you are worried about employment issues.

Visit the Emirates Services official website. After that, go to Individual Services and sign in. Fill in some personal information, such as your Emirates ID number, to ensure the file’s legitimacy. You will be able to view the progress of your file after that.

3. When is it not possible to file an absconding case?

Although it sounds very easy to file an absconding case, there are also repercussions for the wrongful handling of this resource. The following are the exact situations under which legal proceedings for absconding would not be permissible:

  • • If the worker has not reported for work because he is on yearly leave. Of course, such yearly leave should have the approval of the employer.
  • • When the employee has filed a labor complaint against the employer and the matter is pending before the MOHRE or the UAE Courts.
  • • The worker is unable to warn the office due to an unanticipated incident (Force Majeure) that is beyond their control.
  • • If the employer intends to report the employee absconding in bad faith. To wrongly terminate the employee’s job or to avoid paying the gratuity

The MOHRE will rigorously review the requirements for registering such complaints, and if the criteria do not match, the MOHRE will withdraw the complaints. Learn how to check an absconding case in the UAE to have news on how your case might be going.

If the company assembles the absconding scenario and commits fraud, the official labor ministry has the right to punish the firm with a large sum of money. Learn how to find the best corporate lawyers to deal with these cases.

4. What should you avoid in an absconding case?

  • • Working for a different company.
  • • Participating in a fraud case of others’ money, like bounce cheques.
  • • Having a debt to a UAE bank that is scheduled to be repaid.
  • • Telephone and internet bills, as well as water and electricity bills and other subscriptions, are all past due.
  • • Committing a crime in the United Arab Emirates.

Most absconders meet one or more of those conditions and end up working for another employer. If you engage in any of the aforementioned acts, you run the danger of being blacklisted in the United Arab Emirates.

Follow the steps on how to check an absconding case in the UAE and hire legal services. This will help you solve any type of legal inconvenience you may be going through. If caught on time, and with a good legal consultant, you can prevent real consequences.

5. When is an absconding case removed from the UAE?

Absconding case in the UAE

Businesses in the Emirates can file absconding complaints about their workers with the local offices of the ministry of labor. However, they must first satisfy certain requirements. You can ask the ministry directly how to check an absconding case in the UAE if you have any questions regarding the subject.

You may also file a request if your company is intending to file an absconding case over you under the given situations. If a worker brings a legal claim against their employer, they do not have to pay any legal expenses.

6. How can you have your name removed from an absconding case?

Before you can remove any name from an absconding case you need to know how to check an absconding case in the UAE. Eventually, if it is positive that you have one, there are different ways to remove your name.

You should complete the “Withdraw an Absconding Report” application, print it, and sign it. Then, submit the form to the Labor Relations Department and set up a meeting with a lawyer.

Individuals escaping their employers in the UAE can qualify for an amnesty scheme that is currently in place. They should first contact their local embassy or consulate. After which they should travel to the UAE government’s amnesty facility to complete the appropriate procedures to repatriate to their home nation.

After you have done all the legal procedures to remove your name, you should remember how to check an absconding case in the UAE and confirm that you no longer have one.

6.1 What are the repercussions for cases that got dismissed?

There are cases in which you can wonder how to check an absconding case in the UAE and it turns out you do have one, but it is misunderstood.

6.1.1 Forgery

The following fines will be enforced if an absconding statement is discovered to be a forgery. The individual will be permanently forbidden from employment in the UAE. Additional to any current sanctions, the corporation will be compelled to pay a charge of 10.000 AED.

6.1.2 Absconding notice that is aggravating

The company will have to pay AED 10.000 if it is shown that they sent a vexatious or false absconding notice.

7. How long does an absconding case last?

An absconding ban can last up to a year. During this term, the individual will not be able to access the UAE or obtain work. Know how to check an absconding case in the UAEso that you can know when you are free to work again.

Absconding prohibitions are not always everlasting. However, if you get a lot of them, you can end up with a lifetime ban. It can be helpful to know how to check an absconding case in the UAE and to check how many have you had over the years.

To that end, you will learn how to verify your absconding status in the UAE and how to remove your name from an absconding list.

There are 2 methods in which the absconding charge against you will be dismissed. Automatically and process the complaint through the complainant.

7.1 Automatically

When your company informs the ministry of labor of your disappearance, the ministry shall make every effort to locate you within a particular time limit. If you are not in the nation, the ministry issues a one-year work permit restriction. Learn how to check an absconding case in the UAE to prevent this with legal services.

The prohibition will disappear from the system after a year, and then you can apply for a working visa. It is great to know how to check an absconding case in the UAE so you can be ready to work when you are free to do so again.

Although acquiring a work permit for one year is not possible, you can enter the UAE. It must be on some other visas, including a visitor tourist visa. However, we highly recommend you hire a legal attorney to make sure you do not make any mistakes that jeopardize your employment situation.

If you want to enter the country on a different sort of visa during labor restriction, be sure to not have any legal issues in the UAE. This might present complications after you arrive. And do not forget how to check an absconding case in the UAE.

7.2 The procedure for dealing with the complainant

By presenting supplementary documentation to the Ministry of Labor, your boss or the corporation that submitted the absconding case might have it dismissed. Even if you are in the Emirates or not, your employer can dismiss your complaint, and they can penalize you for the procedure.

It is important to take into consideration those aspects, if you left the country without notice, understand how to check an absconding case in the UAE and if you happen to have one, call a legal consultant.

8. Why should you contact us to work on your absconding case?

As you can tell, it is very important to know how to check an absconding case in the UAEand if you find it difficult still, we are available to assist you with legal services. In some cases, the employer is delaying the visa cancellation for too long and you have to leave the country.

Regardless of the issue, you may be going through, our legal consultants are here to assist you. Filing a complaint regarding labor issues is not always easy, you need to make sure you follow every step as the law requires. That is why you must count on our lawyers to guide you through.

Do you wish to have the best lawyers in the world by your side? If you want assistance or further information on how to check an absconding case in the UAE, please contact us at +971 43 316 688. Furthermore, if you send us an email at contact@connectlegal.ae, one of our experts will contact you and respond to any of your questions.

In addition, you can post your resume portfolio and seek a range of jobs at thetalentpoint.com. The information or documents you submit to contact@thetalentpoint.com will not be kept. Do not miss out on the chance to join one of the many teams looking for your talent.

Danielle

Danielle
Danielle is Head of Operations at Connect Resources. She also advises & manages the legal work of the company having studied Law at John Moore’s University in Liverpool, United Kingdom. Danielle oversees the processes of the company’s various departments and ensures an overall smooth interconnectedness and operation between each in order for the company to function at its highest potential.

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