Absconding in UAE: Understanding the Legal Framework and How to Remove Absconding Status

Absconding in UAE is a serious legal matter with significant consequences for both employers and employees. When an employee leaves their job without notifying the employer or fails to report to work for an extended period without a valid reason, the employer can file an absconding case with the UAE authorities. This can lead to deportation, fines, or a work ban for the employee. Understanding the legal implications, how to resolve an absconding status, and what to do in cases of false accusations is crucial for expatriates working in the UAE.

Let’s explore the meaning of absconding in the UAE, legal procedures for filing or removing absconding cases, and the steps employees can take if falsely accused.

What is Absconding in UAE?

Absconding occurs when an employee leaves their job without notifying the employer and fails to report for work for more than seven consecutive days. According to the UAE’s Labour Law Federal Law No. (8) of 1980, absconding is a violation that grants the employer the right to report the employee to the Ministry of Human Resources and Emiratisation (MOHRE).

Once an absconding report is filed, the employee’s labour card is canceled, and the employee may face deportation and a work ban. Absconding cases are taken seriously in the UAE due to the strict regulations on employment, residency, and immigration.

Legal References:

• Federal Law No. (8) of 1980: This law governs the employer-employee relationship and provides guidelines on handling cases of absconding.
• Ministerial Resolution No. (1186) for 2010: Outlines the conditions for granting a new work permit after termination or absconding.

How to File an Absconding Case in UAE

Employers in the UAE can file an absconding case if an employee has abandoned their job without valid reason. The employer must follow a legal process to ensure the case is registered correctly. Below are the steps to file an absconding case:

1. Gather Evidence: The employer must prove that the employee has been absent from work for at least seven consecutive days without valid reason. This could include timesheets, attendance records, and any communication attempts to reach the employee.
2. Submit the Absconding Report: The employer must file the report with MOHRE. The fee for filing is AED 200 per case.
3. Notification to the Employee: Once the absconding report is filed, the employee is notified. In most cases, the employee’s labour card is canceled.
4. Consequences for the Employee: Once an absconding case is accepted, the employee may face immediate deportation, blacklisting, or a work ban that prevents them from being employed in the UAE.

Employers are obligated to report an absconding case within three months of the employee’s disappearance. If the employer fails to file the report within this time, the legal consequences for the employer may include fines and penalties.

What Happens if You Get Caught While Absconding in UAE?

Employees who are declared absconding and later caught may face a range of severe penalties, including:

• Deportation: Individuals caught absconding will likely be deported from the UAE and banned from returning to the country for employment.
• Work Ban: A ban, typically lasting one year, is imposed on the individual, making it illegal for them to seek employment in the UAE during this period.
• Fines: The absconding employee or their sponsor may be required to pay fines for violating the UAE’s labor laws. These fines vary depending on the case specifics.
• Criminal Charges: In extreme cases, such as those involving fraud or other criminal activities, the employee may face criminal charges, which can lead to imprisonment in addition to deportation.

Legal Reference:

Federal Law No. (6) of 1973, which governs the entry and residence of foreigners, states that absconding individuals may be subject to deportation and blacklisting from re-entry into the UAE.

What is the Penalty for Absconding on a Visit Visa in the UAE?

Absconding on a visit visa in the UAE refers to situations where a visitor overstays their visa without extending it or leaving the country within the permitted timeframe. Absconding is a serious violation under UAE law, and it carries several penalties that affect both the absconder and the travel agency that sponsored the visa.

Financial Penalties for Absconding on a Visit Visa

1. Visitor Fines:
   • Visitors who overstay their visa will be charged a daily fine. The penalty starts at AED 200 on the first day of overstay and continues at AED 100 for each subsequent day. These fines accumulate quickly, making even a short period of overstay costly.
   • If a visitor is classified as absconding, additional fines may be imposed. The maximum fine for absconding can reach up to AED 5,000.
   • Absconders may also face deportation and a potential ban from re-entering the UAE for a certain period.
2. Fines on Travel Agencies:
   • Travel agencies or sponsors who provide visit visas for tourists are also subject to penalties if their visa holders abscond. They may face fines ranging from AED 5,000 to AED 50,000, depending on the severity of the situation.
   • In some cases, travel agencies could face reduced visa quotas, impacting their ability to sponsor future visas. This is particularly problematic for agencies that rely on issuing multiple tourist visas.

Visa Cancellation Costs

When an absconder is identified, the travel agency or sponsor is required to report the absconding case and cancel the visa. This process incurs fees:

• The sponsor must pay a visa cancellation fee, which typically ranges from AED 500 to AED 1,500, depending on the type of visa and the specific case.

Consequences for Visitors

Beyond fines, absconders can face severe consequences, such as:

• Deportation: Absconders may be forcibly deported, preventing them from clearing their overstay fines or resolving their absconding status through other legal means.
• Travel Ban: Absconding could lead to a temporary or permanent ban from re-entering the UAE, depending on the severity of the violation and whether the absconder settles the dues.

How Can I Remove Absconding Status from a Visit Visa in the UAE?

If a visitor in the UAE is reported as absconding, removing this status can be a complex process but is not impossible. The procedure involves legal steps, fines, and coordination with the travel agency or sponsor. Here is how you can remove the absconding status from your visit visa:

1. Rectifying Absconding Through Legal Channels

• Contact the Sponsor or Travel Agency: If your visa sponsor or the travel agency has reported you as absconding, the first step is to contact them. You will need to clarify the situation and explain any valid reasons for overstaying. The sponsor or agency may assist in resolving the issue.
• Pay the Required Fines: The absconder will be responsible for paying all accrued overstay fines. This includes the daily fines (starting from AED 200 for the first day and AED 100 for each day after) and any absconding fines that may be imposed.
• Visa Cancellation Fee: Once fines are settled, the sponsor or travel agency will need to cancel the absconder’s visa formally. The visa cancellation fee typically ranges between AED 500 and AED 1,500, depending on the case.

2. Filing an Appeal

• In some cases, a visitor can file an appeal against the absconding status, particularly if they have valid reasons for overstaying, such as illness or other unforeseen circumstances. The appeal can be lodged at the General Directorate of Residency and Foreigners Affairs (GDRFA).
• Visitors should present all supporting documents, such as medical records, financial documents, or other proof, to justify their reasons for overstaying. If accepted, this may reduce or remove the absconding penalties.

3. Seek Legal Assistance

• Hiring a legal representative in the UAE can help expedite the process, especially if the case involves complex legal procedures or if the sponsor or travel agency is uncooperative. Legal professionals can navigate through the visa cancellation process and help resolve the absconding status in a timely manner.
• A lawyer can also help you negotiate with the sponsor or agency, particularly if they are demanding additional payments beyond government fines.

4. Leave the UAE Legally

• After settling all dues and successfully canceling the visa, the absconder will need to leave the UAE. Depending on the circumstances, they may be required to leave within a certain period to avoid further penalties or complications.
• In some cases, the absconding visitor may need to purchase an exit permit, which can cost around AED 300 to AED 500, depending on the situation.

5. Preventing a Re-Entry Ban

• Once the absconding status is resolved, visitors may need to ensure that they do not face a re-entry ban. The GDRFA may impose a ban depending on the case severity, which can last from six months to a lifetime. Visitors must check their status and obtain clearance before planning any future visits to the UAE.

It’s essential to address any absconding status immediately to avoid further legal and financial repercussions. Whether through direct communication with the sponsor or by hiring legal assistance, resolving this status allows you to clear fines, cancel your visa, and leave the UAE legally. Failing to do so may lead to severe penalties such as deportation and long-term re-entry bans, making it crucial to act quickly.

How to Remove Absconding Status in UAE

It is possible to remove absconding status under certain circumstances. Employees who have been reported as absconding can take the following steps to clear their name and resolve the case:

1. File a Complaint with MOHRE: The employee or their representative can file a complaint with MOHRE to dispute the absconding status. This requires valid documentation to support the claim.
2. Provide Valid Evidence: The employee must present proof of a valid reason for their absence, such as medical certificates, proof of travel restrictions, or other justifications.
3. Employer Withdrawal: If the employer agrees to withdraw the absconding case, they can submit a formal request to MOHRE to cancel the report.
4. Seek Legal Assistance: In cases where the employer does not cooperate, employees should consider hiring a lawyer to help resolve the case. Legal intervention can be crucial in defending the employee’s rights and proving that the absconding report was filed unjustly.

Ministerial Resolution No. (707) for 2006 stipulates that absconding reports can be canceled if the employee provides valid reasons for their absence, such as illness or other legitimate circumstances.

What To Do If Your Employer Files a False Absconding Case Against You?

There are cases where employers may misuse the absconding system to avoid their legal obligations, such as paying wages or end-of-service benefits. If an employee is falsely accused of absconding, they have several options:

1. File a Complaint with MOHRE: Employees should immediately file a complaint with MOHRE, explaining the false nature of the absconding case and providing documentation to support their claim.
2. Seek Legal Assistance: Hiring a lawyer is crucial in defending against false absconding claims. A lawyer can help the employee gather evidence, present the case to the authorities, and ensure that their rights are protected.
3. Provide Evidence: Employees should collect any evidence proving that they did not abandon their job. This could include attendance records, emails, and messages with the employer.
4. Request Mediation: In some cases, MOHRE may offer mediation services to resolve disputes between the employee and employer. This can help prevent the case from escalating into a legal battle.

Legal Reference:

Federal Law No. (8) of 1980 holds employers accountable for providing accurate information in absconding cases. If an absconding report is found to be false, the employer may face fines and other penalties.

What Are the Conditions Under Which a Lawyer Can File an Absconding Case?

Employers may seek the assistance of a lawyer to file an absconding case, provided the following conditions are met:

1. Proof of Absence: The employer must provide substantial evidence that the employee has been absent for at least seven consecutive days without permission or valid reason.
2. Timely Filing: The absconding report must be filed within three months of the employee’s disappearance.
3. No Pending Legal Disputes: If there are unresolved legal disputes or ongoing labor complaints, the employer cannot file an absconding case until those matters are resolved.

A lawyer’s role is to ensure that all legal requirements are met before filing the case and to represent the employer if the case is contested.

How to Remove Absconding Status in UAE?

If you have been declared absconding, it is important to take quick action to remove the status and avoid further legal complications. Here’s what you can do:

1. Contact Your Employer: If your absence was due to an emergency or valid reason, you should try to communicate with your employer and explain the situation. If the employer is sympathetic, they may agree to withdraw the absconding case.
2. File a Grievance with MOHRE: If communication with your employer fails, you should file a grievance with MOHRE. Be prepared to present documents and evidence proving that your absence was justified.
3. Hire a Lawyer: If the employer refuses to withdraw the case, hiring a lawyer is your best option for challenging the absconding status in court.

What Happens if Your Employer Files Absconding Against You?

When an employer files an absconding case against you, several actions may be taken:

1. Labour Card Cancellation: Your labor card will be immediately canceled, and you will be barred from legally working in the UAE.
2. Blacklisting: You may be blacklisted, which prevents you from obtaining a new work visa or finding employment in the country.
3. Legal Action: You could face fines or deportation depending on the specifics of the case. It’s essential to act quickly by seeking legal counsel or contacting MOHRE.

Legal Reference:

Under Ministerial Resolution No. (1186) for 2010, an employee may still transfer to a new employer, provided certain conditions are met, such as the employer’s failure to meet contractual obligations.

Absconding in the UAE is a legal issue with serious consequences for employees, including deportation, fines, and a work ban. Whether the absconding report is legitimate or false, it is crucial to know your rights and understand the legal process. If you find yourself declared absconding, immediate action is necessary to resolve the issue, including contacting MOHRE, providing evidence, or seeking legal representation. By staying informed about the UAE’s labor laws and proactively addressing absconding cases, employees can safeguard their rights and continue working in the UAE without facing unnecessary legal challenges.

Frequently Asked Questions (FAQ) About Absconding in UAE

1. What is absconding in UAE?
   Absconding in UAE refers to when an employee leaves their job without notifying the employer or fails to show up for work for more than seven consecutive days without a valid reason.
2. What are the consequences of absconding in UAE?
   Consequences can include deportation, a one-year work ban, blacklisting, fines, and legal action.
3. How can I check if my employer has filed an absconding case against me in UAE?
   You can check your absconding status by contacting the Ministry of Human Resources and Emiratisation (MOHRE) or using their online services.
4. What happens if I am caught absconding in UAE?
   If caught, you may be deported, banned from working in the UAE for a period, and fined. In some cases, there may be criminal charges if fraud or other offenses are involved.
5. Can an absconding case be filed if I was sick or on emergency leave?
   No, absconding cases should not be filed if the employee has a legitimate reason for absence, such as illness, emergency, or approved leave. Evidence must be provided to prove the reason.
6. How can I remove absconding status in UAE?
   You can remove absconding status by filing a complaint with MOHRE, presenting valid evidence, or requesting your employer to withdraw the case.
7. What to do if your employer files a false absconding case against you in UAE?
   If falsely accused, file a complaint with MOHRE, provide evidence such as attendance records or communication, and seek legal assistance to dispute the case.
8. Can I leave the country if I have an absconding case in UAE?
   It may be difficult to leave the country if an absconding case is filed, as it can result in a travel ban. Legal action may be required to resolve the case before departure.
9. Can my absconding status affect future employment in UAE?
   Yes, being labeled as absconding can result in a ban, making it difficult to find future employment in the UAE for up to a year or longer.
10. What happens if my employer agrees to withdraw the absconding case in UAE?
    If the employer agrees, they must submit a request to MOHRE to cancel the absconding report, and your work status can be restored.
11. How long does an employer have to file an absconding case in UAE?
    An employer has up to three months to file an absconding report after the employee’s disappearance.
12. What should I do if I receive a notice of absconding in UAE?
    Contact MOHRE immediately, file a complaint, and gather evidence to prove that you did not abscond or had a valid reason for your absence.
13. Can an absconding case be canceled if I provide valid reasons for my absence?
    Yes, if you can provide valid reasons such as illness or travel restrictions, the absconding case can be canceled by MOHRE.
14. How can I file a grievance for false absconding in UAE?
    You can file a grievance through MOHRE’s online portal or visit their office in person, providing all necessary documents to support your claim.
15. Can an employer file an absconding case during ongoing labor disputes in UAE?
    No, if there are unresolved labor disputes or pending legal matters, the employer cannot file an absconding case until the issues are resolved.
16. What are the legal protections against false absconding claims in UAE?
    UAE labor laws, such as Federal Law No. (8) of 1980, protect employees from false absconding claims, and the employer can face penalties if proven false.
17. Can a lawyer help with absconding cases in UAE?
    Yes, a lawyer can help file or contest absconding cases, represent you in court, and assist in removing absconding status.
18. Can I get a new job in UAE if I have been marked as absconding?
    No, if you are marked as absconding, you cannot work in the UAE until the absconding status is resolved or a new work permit is issued under specific conditions.
19. How does MOHRE handle absconding cases in UAE?
    MOHRE investigates absconding cases by reviewing evidence provided by both the employer and the employee. They make decisions based on the available proof.
20. What penalties can an employer face for filing a false absconding case in UAE?
    Employers who file false absconding cases may face legal consequences, including fines and penalties for misusing the absconding system.