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Absconding in the UAE: A Complete Guide

The UAE is one of the worldu2019s most desirable locations to experience an unmatched lifestyle and benefit from its flourishing economy. The nation is filled with skilled professionals who are contributing to its economic growth. To keep the job market transparent and conducive, the UAE government implements timely regulations and laws. As a result, the market is closely monitored, and any kind of malpractice is not welcomed. Absconding in UAE remains a major and serious concern.

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Absconding in the UAE: A Complete Guide

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  1. ABSCONDING IN THE UAE A Complete Guide

  2. The UAE is one of the world’s most desirable locations to experience an unmatched lifestyle and benefit from its flourishing economy. The nation is filled with skilled professionals who are contributing to its economic growth. To keep the job market transparent and conducive, the UAE government implements timely regulations and laws. As a result, the market is closely monitored, and any kind of malpractice is not welcomed. Absconding in UAE remains a major and serious concern. It refers to an employee’s sudden disappearance from his work. It can lead to termination, work bans, and even deportation in severe cases for employees. For employers, it means a disruption of smooth business operations, and more. Not just them, but visitors who overstay and violate the visa terms are also considered absconding cases in UAE.

  3. WHAT IS ABSCONDING IN UAE Absconding refers to the act of running away or hiding in a way that is against the law of the land. In the UAE, this term is used in two contexts under the law: employment and immigration. Absconding in UAE means illegal or unauthorized actions regarding one’s immigration or employment status in the nation. Let us simplify it by discussing each context separately. 1. Employment Case: Absconding in employment refers to the unexpected disappearance or abandonment of work by an employee. If the employee remains absent for a continuous period of 7 days without notifying the employer or providing any notice of their whereabouts, they are legally declared to be absconding. In this scenario, the employer has the right to file an absconding case against the employee with the Ministry of Human Resources and Emiratisation (MOHRE), and legal actions can be taken against such employee, such as fines, work permit cancellation, or even deportation from the country. Here are some cases of employee absconding:. Leaving work without notifying in advance. Leaving for illegitimate reasons before the employment contract ends. Overstaying the employment visa. Working for another employer secretly. Fleeing without permission or notice to their sponsor (either a person or a company).

  4. 2. Immigration Case: Absconding in the immigration context occurs when a foreign visitor/national in the UAE violates the terms and conditions of their visa or residency permit. Here are few absconding in UAE visit visa/residence visa cases: Overstaying: This means staying in the country even after the visa has expired, without renewing it or leaving the country as required. Violation of visa terms: Engaging in illegal activities or providing false information to obtain a visa is also considered absconding. Staying after visa cancellation: If the residence visa is cancelled for any reason and the holder fails to leave the country within the stipulated time frame, this will be considered absconding case after visa cancellation.

  5. Laws governing ABSCONDING IN UAE Some of UAE laws that govern absconding in UAE include: Federal Law No. (8) of 1980 (Labor Law): Governs the relationship between employers and employees and provides the framework for the rights and obligations of each, ensuring transparent and fair workplaces. Ministerial Resolution No. (1186) of 2010: Provides the framework for the issuance of a new work permit after termination or absconding. Ministerial Resolution No. (721) of 2006: Governs the procedures for reporting absconding. Ministerial Resolution No. (707) of 2006: Governs the cancellation of absconding reports if the employee provides valid reasons or if the employer withdraws the case. GDRFA Laws for Immigration: There are laws enacted by the General Directorate of Residency and Foreigners Affairs (GDRFA) to regulate the residency and immigration of foreigners in the UAE, such as Federal Law No. 06 of 1973. To stay updated on absconding law in Dubai, you can contact our legal experts at Dubiz Business Setup.

  6. CONSEQUENCES OF ABSCONDING IN UAE Absconding in UAE can lead to legal penalties and complications for the employees, employers as well as the visa holders: 1. For employees: Deportation and travel ban: The employee may be deported from the nation at his own expense. Also, if decided by the ICP and GDRFA, the individual may not be able to travel back to UAE or other GCC countries for some time or even permanently in worst case scenario. Employment ban: Employees may not be able to work in the UAE for a certain period of time which is typically 1 year. Permit and visa cancellation: The labour card and the work visa of the violator may be cancelled by the authorities. Fines: The violator will have to pay financial penalties as well compensation to the employer for negligence. The amount of absconding fine in UAE may vary with the case type. Blacklisting: The absconding employee in Dubai or UAE may be blacklisted by the immigration authorities, making it next to impossible to seek a visa for the UAE and maybe some other countries too. Criminal charges: In severe cases of absconding in UAE, if the employer has evidence against the employee, he can file criminal charges against the employee too. This comes with imprisonment and other fines. Cancellation of employment benefits: Any benefit associated with the employment, such as unpaid salary, gratuity, etc, will be forfeited.

  7. 2. For employers: Disrupted business operation: The sudden absence of any employee leaves a void, and the tasks handled by that person may be disrupted, causing business problems. Possible legal concerns: In case the employer is found to be guilty of a false accusation of absconding, he may have to face legal consequences, including fines. Image distortion: A firm with absconding cases gives an impression of bad work environment which may damage the reputation of that firm. Hectic process: Running the case and tracking the same may take a lot of effort, and the process may face further complications leading to delays, etc. 3. For visitors Deportation and travel ban: Violators will be deported at their own expense. Like absconding employees, visa holders may also be banned from travelling to UAE and other GCC nations. Financial penalties: For each day of overstay, a standard AED 50* fine is levied. Legal issues: There may be some further legal complications for visa violators, such as blacklisting in the immigration system, etc. Sponsor’s responsibility: In case the visa is sponsored by someone, the sponsor will also be responsible for not renewing the visa on time, etc.

  8. PROCESS TO FILE AN ABSCONDING CASE IN DUBAI AND UAE There is a structured process that employers must follow to report an absconding case to the MoHRE. They have a period of 3 months from the last date the employee was working to file the case. Here are the steps for reporting absconding in UAE: 1. Prepare the report and evidence: To file the case, the employer needs to be well-prepared. They must prove that the employee has been missing from work for 7 consecutive days without notice and without a valid reason. 2. Submit the absconding report to the MoHRE: The case needs to be filed with the MoHRE, which can be easily done electronically (on the website or app) using the electronic signature card. 3. Pay the fees: While reporting absconding in Dubai/UAE, the employer will have to pay a fee. Typically, the absconding fee in Dubai ranges between AED 1,000 to AED 3,000. 4. Wait for MoHRE to review the case: A competent officer will review the case, and the employer may be contacted for further details if needed. The entire process takes around 2 working days. Note: In case of absconding in UAE by the visitor, it is the responsibility of the sponsor of the visa (travel agency, friends, family) to report the case to GDRFA as soon as possible.

  9. PROCESS TO REMOVE ABSCONDING STATUS IN UAE FOR EMPLOYEES There can be instances when an employee finds their name on the absconding list, even though they may not agree with it. This could be due to genuine reasons, or perhaps they had already informed the employer of their absence. In such cases, the employee can approach the Ministry of Human Resources and Emiratisation (MoHRE) with proof and request that their name be removed from the list. Here are the steps: 1. Contact the authority: The employee must immediately contact MoHRE and explain their situation. 2. Provide the evidence: Simply explaining the situation will not be enough. The employee must provide strong evidence, such as communication attempts with the employer, genuine reasons for absence, notice to the employer, etc. 3. Consult a legal expert: If the employer refuses to withdraw the case, a legal consultant can help handle the situation better and resolve the issue while protecting the employee’s rights 4. Pay any fines: In case of an employee visa overstay, it is advisable to pay any due fines. 5. Status removal: If the employer is convinced or if the employee wins the case, the absconding case with MoHRE will be cancelled.

  10. PROCESS TO REMOVE ABSCONDING STATUS IN UAE FOR VISITORS Sometimes, there may be an unforeseen situation due to which the visitor had to overstay. In such cases, an attempt can be made to clear one’s name from the absconding list with the GDRFA: 1. Contact the immigration authority: The applicant must make an appeal with the GDRFA. They can also contact the sponsors who may have filed the case and explain that they had valid reasons for overstaying. 2. Provide the evidence: Next, the applicant must provide proof of their overstay, such as illness or an emergency. Supporting documents, like medical reports or other relevant documents, must be submitted. 3. Consult a legal expert: Those who specialize in UAE immigration laws may be able to simplify the process and reduce costs by minimizing fines. 4. Pay any fines: The applicant must settle all outstanding fees for the overstay or other related violations. 5. Rectify the violation: To rectify the situation, the applicant may have to leave the country and return through a fresh visa. This ensures that their immigration status is corrected, and they come to UAE through proper legal channels.

  11. REASONS AND SIGNS ABSCONDING IN DUBAI There can be several reasons that can compel an employee or visitor to abscond: Not being paid a competitive salary for the work being done. Undesirable working environment and culture. Lack of growth opportunities. Unfair treatment from the employer. Excessive workload. Lack of benefits such as leaves, etc. Arguments over an issue with the employer. For visa holders, it could include accidentally missing the deadline for visa renewal, financial difficulties preventing renewal, or fear of an inability to renew, which may lead to absconding. There can be some early signs of abscond intention of an employee. Employers can locatze them and take preventive measures beforehand. Taking excessive and frequent leaves from work Missing from office without a valid reason Quality of work impacted Suspicious social media updates Lack of interest in work Proper management of these factors can help decrease the potential cases of absconding in UAE.

  12. STAY LEGALLY COMPLIANT WITH DUBIZ It is very important to understand the ins and outs of absconding in UAE for employers, employees, and visitors alike. Absconding in UAE can lead to legal complications, such as fines, bans, and more. Therefore, it is better to be aware of the framework to avoid being in such situations. Employers must ensure they are taking care of their employees, and employees, on the other hand, must leave their jobs legally and on good terms if they decide to quit, rather than disappearing. Similarly, visa holders must be vigilant about the expiry of their visas. If they encounter any issues with renewals, cancellations, etc., they should reach out to the appropriate government authorities and communicate clearly. Dubiz Business Setup can be your legal support in UAE. We can help you stay up to date with all the latest UAE rules. On top of that, we can handle your visa situation as well. Our team specializes in labour and immigration laws and procedures and can assist you in every possible way. If you are planning for business setup in Dubai or aspire to come here for job opportunities, let Dubiz help you get settled for good. We will handle all the legal procedures, including end-to-end company formation in UAE, trade licensing, visa processing, documentation, and approvals on your behalf.

  13. CONTACT US +971 563695485 dubiz.co info@dubiz.co Office number 2908, Al Manara Tower, Business Bay Dubai.

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