In the UAE, leaving one’s place of employment without permission is a severe crime that carries major consequences for both the employer and the individual. Understanding what is absconding in UAE is and what an absconding case in Dubai entails will assist many individuals in making the right decision not resulting in harsh penalties.
In this article, we discuss what absconding in UAE is. We also share the consequences and the residency law for those who abscond in UAE.
Defining Absconding in the UAE
Leaving your job without notifying the employer is absconding. It is what expats leave their employment or their place of residence without having their employer or landlord informed in advance. It is a serious offense. One violating the terms and conditions of an expat’s visa or residency permit.
Legal Framework: Understanding UAE Labor Law
Governing employment matters in the UAE is the primary legal framework. It is commonly referred to as UAE labour law. With it, you have the legal foundation of the absconding case in Dubai.
There are no explicit definitions of absconding in UAE as per the law. Both parties have clearly outlined rights and obligations. An expat employee’s failure to keep the employer informed of their continuous absence from work in UAE will be considered an act of absconding.
Consequences of Absconding for Employees
Since absconding in UAE is a serious offense, the legal consequences are of some major extent. Those who abscond in the UAE should be prepared to face the severe consequences of their actions.
Deportation
Violating immigration laws is nothing minor or negligible in the UAE. Violating immigration rules, maintaining absence from your job without notice, or overstaying your visa – all these paths lead down the road of deportation to the home country as one of the consequences of absconding in UAE.
Travel Bans
Another one on the list of horrible consequences for absconding in UAE is facing travel bans. The country can impose a travel ban restricting you from re-entering UAE and potentially other GCC countries. The duration of this ban can be for a certain amount of time. Or it can be a lifetime ban too, barring you from visiting the countries permanently.
Fines and Penalties
One of the consequences includes facing financial penalties imposed by the authorities. The employee might have to pay fines. Or they might have to compensate the employee for any occurring losses as a result of their absence from work without notice.
Legal Issues
The employee might be subjected to an absconding case after visa cancellation or an absconding case in Dubai. The arising legal issues are serious and should not be taken lightly. The person can be marked in the immigration database. This will restrict them from getting visas for the UAE in the future. People wondering if they can I leave UAE with an absconding case. They will have to prepare themselves for long and tedious legal issues. It is better to consult a lawyer for an absconding case in Dubai an absconding case after visa cancellation.
Know The Signs of Absconding in UAE
Certain signs signify when someone is absconding from work. These are indicators of when a foreign resident in the country might be going through a change of plans. When employers know the sign they are looking for, they can take proactive measures. As an employer, take into account the behavioral changes, workplace indicators, and communication patterns. There might be some external factors involved too. These external factors are generally out of the employees’ hands.
Behavioral changes include an increase in absenteeism and a change in attitude. Workplace indicators can be a decreased level of productivity, a noticeable decline in work performance, ignoring tasks, missing deadlines and uncharacteristically withdrawing from social interactions happening at the workplace. Noticing the communication patterns will have you considering if it has suddenly become difficult to reach the employee via their phone and email, receiving vague responses, and if the employee provides a sudden resignation without any notice period. External factors encompass visa issues and experiencing a personal or family crisis.
Unexcused Absence
The employee using too much sick leave in UAE without a substantial claim of being sick can count as one of the indicators. Prolonged absences are a clear sign of people who abscond in UAE.
Missing from Workplace
Look out for the employee removing their personal belongings from their workspace. They might be taking away any personalized item previously present on their work desk. Pay attention to frequently accessing their lockers too. These are some of the major signs of someone planning to abscond in UAE.
Surrender of Emirates ID
There is nothing more clearly than the individual surrendering their Emirates ID that spells absconding in UAE. The employee might not be getting the necessary permits to leave the country either. All residents in UAE are required to have an Emirates ID. Surrendering means the employee plans to no longer live in the country.
Termination of Rent Payments
A very strong indicator of absconding in UAE is a person terminating their rent payments. When foreign residents are planning to leave the country, they might abruptly stop paying the rent without notice.
Social Media Activity
Some people update any changes happening in their lives on social media when keeping things secretive in person. An employee might have updated their work profile to their new workplace. A tenant might have posted a photo of their new space. Or they might have some news on emergencies happening in their lives available on social media for every stranger to see. There are chances of coming across flight schedules too. Checking the social media activity can help with an absconding case in Dubai. As it will provide you with a substantial amount of proof for your claim too.
Absconding & the Residency Law
Leaving the place of employment or residence without informing your employer or landlord violates employment contract terms and residency permits. The law is clear on absconding in UAE being a breach of the terms and conditions of a residency visa. The provisions in residency law include visa cancellation, blacklisting, deportation, and financial penalties.
See More: Residence Visa Renewal in Dubai 2024: Everything You Need to Know
Role of the Ministry of Human Resources and Emiratisation (MoHRE)
Employers possess the right to report an employee to MoHRE for absconding in UAE. They can do so when the employee has been absent without notice for a specific period. This certain period usually consists of seven days.
Employers will be required to provide evidence too. The evidence would verify their claim of the employee absconding in UAE. Employers are not allowed to withhold employees’ documents.
Ministry of Human Resources and Emiratization is responsible for overseeing employee relations. MOHRE’s role in absconding encompasses receiving and investigating complaints from employers, taking the necessary action for an employee absconding, and protecting the rights of employees and employers.
What is the penalty for absconding in UAE?
There are severe penalties for absconding in the UAE. If you break the rules, you will face an employment ban, be deported, and be blacklisted as consequences. Your fines will be imposed on you, and you may be taken to court for legal action. These legal actions can go as far as to result in imprisonment too.
How to check absconding cases in the UAE online?
There is not a specific platform to check for an absconding case in Dubai online. You would need to contact your employer and visit the Ministry of Human Resources and Emiratization. Inquire about your case there. They will provide you with the required information after you share the necessary details with them.
Final Words
In the UAE, one should not take lightly the act of absconding. Leaving employment and residence without notice is an offense. One that results in harsh consequences. The labor laws in UAE offer provisions for absconding.
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