how to remove an absconding case in the UAE Legal advice, Legal Guidence, Legal service

Absconding occurs when an employee fails to show up for work for over seven days without justification. Employers in the Emirates can file absconding complaints against their workers with the local offices of the Ministry of Labor, but they must first fulfill specific conditions. Just like that, every employer and worker must know how to remove an absconding case in the UAE.

In this article, we will talk about how to remove an absconding case in the UAE.Additionally, you will learn when is not valid to claim an absconding case and who can help you deal with it. We will also be discussing the difference between migration and labor bans. Let us take a look:

1. When is an absconding claim not valid?

2. What should you avoid doing in an absconding lawsuit in the Emirates?

3. How to get off the blacklist in the UAE?

4. What is the distinction between labor and migration prohibitions?

5. How can you cancel an absconding report?

6. Who can help you cancel an absconding case in the UAE?

1. When is an absconding claim not valid?

To discourage employers from exploiting their rights, the labor ministry has detailed the criteria by which it will not consider an absconding claim. Thus, before asking how to remove an absconding case in the UAE, we must first know when is it valid to file it.

If the employer is intending to file an absconding complaint against you for the following conditions, you may also file a protest. Additionally, employees are not forced to pay legal expenses if they file a legitimate claim against their employer.

The federal ministry will not consider complaints that have any of these factors:

1.1 The worker is on leave

If the worker is on leave, that means that they can stop showing off for work for a specific time. Therefore, it would not make sense to file an absconding case against them. If your employer has done so, you must look for help on how to remove an absconding case in the UAE.

1.2 Forcible intervention

This is referring to an employer forcing a worker to retire. Sometimes, employers decide to file an absconding case to remove their employees from the job. This is, however, an illegal act. Our greatest lawyers who are experts on how to remove an absconding case in the UAE can help you with this.

1.3 The employee is absent for valid reasons

There are different occasions in which the employees find themselves in a situation that makes it impossible to give notice. Understandably, an employer would file an absconding case when the worker does not show up.

However, in the event of an accident, hospitalization, death, or anything similar, the employer should cancel the case. As soon as the company is aware of the reasoning behind the absence, they have to look for help on how to remove an absconding case in the UAE.

1.4 The employer is avoiding responsibility

On some occasions, employers might feel tempted to file an absconding case to avoid paying the end-of-service benefits. When the worker is leaving, and they must pay the new calculation of gratuity, they think filing a complaint will save them. However, this is not admissible. Thus, the employer must now learn how to remove an absconding case in the UAE.

Sometimes, it is not about the leave salary or any payment benefice. On the contrary, the drive is preventing the sponsorships from being shifted to another company or business. It is completely illegal to keep a worker in employment they do not wish to work on any longer.

In case you are facing any of these situations, our lawyers can help you file any complaint regarding labor issues. They are well-versed in how to remove an absconding case in the UAE.

1.5 The employer files a complaint when they have a complaint themselves

In case the worker has a pending case against the company, he is probably not showing up for work. If despite knowing this, the company decides to file an absconding complaint against the worker, this is not admissible.

If the company fabricates the absconding case, the labor ministry can slap a severe fine on the enterprise, beginning at AED 10,000. The worker must seek legal assistance to explain how to remove an absconding case in the UAE and take legal action against the company.

2. What should you avoid doing in an absconding lawsuit in the Emirates?

Regardless if you qualify on how to remove an absconding case in the UAE or not, you should refrain from participating in the following situations. Whether you stay in the Emirates or return to your home country.

2.1 Working for another company

In the case you do not qualify on how to remove an absconding case in the UAE, you should not work. The absconding case prevents you from working, regardless of the company or business.

2.2 Involved in financial deception

Involving in any form of financial deception is going to make your absconding case worse if you are looking at how to remove an absconding case in the UAE.

This includes having any bank due for repayment, debts for loans, and any bills that you are yet to pay. From telephone to internet or electricity bills. They should all be clear during your absconding period, especially if you are trying different methods on how to remove an absconding case in the UAE.

However, you should also be aware of the new legislation for cheque bouncing in the United Arab Emirates. Just like that, looking for how to remove an absconding case in the UAE in 2021 can also be helpful.

Any banking lawyer in the United Arab Emirates can help you deal with issues regarding financial deception. Make sure you contact one of them if you are worried about money.

2.3 Criminal activity in the UAE

Finally, engaging in any type or form of criminal activity will stop any progress you wish to make regarding how to remove an absconding case in the UAE.

Most absconders who fulfill one of these criteria are working for another employer, which is also prohibited in the UAE. If you engage in any of the aforementioned acts, you run the danger of being blacklisted in the UAE.

If you are looking for how to remove an absconding case in the UAE, you must avoid engaging in those situations. In case you feel it is necessary, do not hesitate in looking for a criminal lawyer to help your case.

3. How to get off the blacklist in the UAE?

Just like how to remove an absconding case in the UAE, it is also important to know how can someone know whether they have an absconding lawsuit in the Emirates. As well as what are their duties if they have merely escaped from employment and have done no other legal offenses inside the country.

In terms of how to remove an absconding case in the UAE, there are 2 methods for dropping the absconding charge against you. The first one is automatic, following the legal time frame for these cases. The second one is to choose to proceed through the complainant. In that case, the relationship must remain good and it was probably a misunderstanding.

3.1 Automatically

If your company reports your disappearance to the labor ministry, they will make every attempt to locate you within a set time limit. If it is not found in the nation, the government suspends the work permit for one year. For more information, search how to remove an absconding case in the UAE in 2021.

Therefore, the answer to how to remove an absconding case in the UAE in this way is that after a year, the prohibition will be lifted automatically. You will be free to come into the country on a work permit. Although acquiring a work visa is forbidden for a year, you could enter the nation on other visas including a visitor tourist visa.

If you intend to enter the country on a different form of visa in the work restriction period, you must check that you have no other legal infractions in the UAE. Since this may pose complications upon arrival, it is important to be careful. As well as knowing how to remove an absconding case in the UAE in 2021.

3.2 The procedure followed by the complainant

  • Your company or the corporation that filed the absconding complaint may be able to get it dismissed by presenting new papers to the Labor Ministry. Companies should know how to remove an absconding case in the UAE. Even if you are in the Emirates or have already departed, the company can cancel the complaint. However, they can penalize you for the procedure.
  • You have probably heard of the strategies on how to remove an absconding case in the UAE, or just remove the UAE labor ban. The labor restriction will expire at the end of one year. Unless the former employer named in the complaint withdraws the complaint. And the ministry of labor lifts the prohibition based on how to remove an absconding case in the UAE in 2022.

Therefore, apart from having the company or business that made the complaint remove it, there is not much one could do but wait. The complainant should probably be aware of how to remove an absconding case in the UAE in 2020, since the legal team explains it when they are filing it.

4. What is the distinction between labor and migration prohibitions?

how to remove an absconding case in the UAE

  • Employment and immigration bans vary in that the former restricts you from performing in this country. On the contrary, the latter prevents you from accessing the Emirates for any reason. Someone looking for how to remove an absconding case in the UAE probably just wants to keep on working. Because they can still visit the country under a different visa.
  • The UAE blacklisting is not a work prohibition, but rather an immigration limitation that stops you from coming to the country on every sort of visa. Consequently, if you are blacklisted, knowing how to remove an absconding case in the UAE will not do much help.
  • The labor restriction permits you to access the Emirates on resident, visiting, and travel visas, but you will be unable to get a working visa until it ends or is withdrawn by the employer. Therefore, that is the perfect moment to research how to remove an absconding case in the UAE.
  • The extent of the monetary expenses on how much to remove an absconding case in the UAE depends on each case. If the case ends automatically, you shall not pay any money. However, if the company is removing it, how much to remove an absconding case in the UAE will depend on if they choose to charge you the amount they are giving to the authorities to do so.

5. How can you cancel an absconding report?

Finally, we can discuss how to remove an absconding case in the UAE. Firstly, any corporation may delete an absconding report. Only if they offer their approval that there was an error in the report. For example, the name supplied was incorrect, or the person was hospitalized or jailed and was away from work as a result.

When you are a worker, you can produce legitimate documentation that they came to work and alerted the appropriate management. If your name is on the Absconding list even though you have kept your employer aware of your absence, you can visit the Labor Ministry and submit proof. They will show you how to remove an absconding case in the UAE.

If your employer filed an absconding case despite you informing your absence, you can suit them back. It is illegal for an employer to file a false case of absconding in the United Arab Emirates. That is why it is so important to know how to remove an absconding case in the UAE and the proper instances you must visit to make your case.

If you contact us asking “how to remove my absconding case in the UAE” we can guide you on everything you need to know. The importance of legal assistance should always be on the table; despite all the answers you could find on the internet about how to remove my absconding case in the UAE.

6. Who can help you cancel an absconding case in the UAE?

Now that you know how to remove an absconding case in the UAE, you must be careful with the way you take responsibility for your work. In case you are an employer, you now know that you can remove the case when it was a misunderstanding. As a worker, you know now that it is important to be careful and always inform your absence, to prevent any labor ban.

Here, at Connect Legal, we can help you with way more than how to remove an absconding case in the UAE.Our legal network is full of the greatest lawyers you could find in the United Arab Emirates. You can find the best legal services for business and even a great divorce lawyer to help you in the hardest times.

Would you be excited to know even more about how to remove an absconding case in the UAE or any other type of restriction in the Emirates? Then, this is a great opportunity to give us a call to +971 43 316 688 and get all the latest information on your favorite legal topics. Do not worry if you do not have time to call, you can also send us an e-mail at contact@connectlegal.ae that we will gladly respond to our address:

The Talent Point is the greatest site to search for any type of job opportunity. You can check their website thetalentpoint.com to finally find the vacant you were waiting for. All you have to do is submit your resume to the e-mail contact@thetalentpoint.com and we will get in touch with you as soon as we can. And remember, your personal information will not stay with us, it is all private and secure.

Sachi Goyal

Sachi Goyal
Sachi Goyal is graduated from Middlesex university and holding an LLB degree while specialised in Commercial Law, She now resides in Dubai and works for Connect Resources in the Legal department mainly focusing on employment and Commercial Law.

We Are Social On:

Write for the Lawyer/drop your enquiry to the Lawyers

This site uses User Verification plugin to reduce spam. See how your comment data is processed.

Emergency call

Telephone

+971 43316688

Submit your Query