What Does Absconded Mean In Law?
- Marvin Harvey
Primary tabs. Abscond means leaving a jurisdiction secretly or suddenly, e.g. to avoid service of process, arrest, or prosecution; or leaving with another person’s money or property. Absconding is generally a criminal offense which may lead to imprisonment in jail.
What does it mean to have absconded?
Did you know? – Abscond derives from Latin abscondere, meaning “to hide away,” a product of the prefix ab- and condere, a verb meaning “to conceal.” ( Condere is also the root for recondite, a word meaning “concealed” as well as “hard to understand” or “obscure.”) Abscond retained the meaning of its Latin parent when it was first used in English in the 17th century.
Is absconding a crime in UAE?
I would like to know if I can enter the UAE if I have an absconding case against me. RS, The Philippines The term “abscond” is used when an employee in the UAE does not return to work and fails to give notice that they have left their job. This results in a one-year employment ban,
The guidance for this situation can be found in Article 50 of the new UAE labour law under “Unlawful Absence From Work”. “If the foreign worker leaves work, for an illegitimate reason, before the end of the contract term, he shall not be granted another work permit to join another job in the state in accordance with the provisions hereof, for a period of one year from the date of the absence from work,” the law says.
“It is also not permissible for any other employer, who is aware of the same, to employ him or keep him in his service during that period.” A person with an absconding case against them will be unable to enter the UAE or secure employment in the country during this period.
Absconding bans are not permanent, although someone who receives more than one could find that they end up with a permanent ban. It has been eight months since I left the country because the company I worked for did not pay me properly. So far, my residency visa has not been cancelled. The company has not given a proper answer when asked why.
Can I request for you to cancel my residency visa for me, please? RSK, India While I can help readers with many things, I cannot cancel a residency visa for them. It is unusual for a company to fail to cancel a visa as they may receive a refund for doing so and they are likely to have a limited number of them.
- The official process is that the sponsor — the employer in this case — must cancel a residency visa and also the work permit.
- It is not necessary for the employee to be in the UAE for this to happen.
- Their original passport is not required as it is no longer necessary for the visa to be officially stamped as cancelled.
Contrary to many claims, no visa is automatically cancelled after 180 days outside of the UAE. It only becomes invalid and still needs to be cancelled. If the employer refuses to cancel the visa, RSK should contact the Ministry of Human Resources and Emiratisation as it can intervene and resolve the situation.
- As he is outside of the UAE, he should use the online chat function on the ministry’s website,
- I note that RSK states that he was not paid by the employer, so if he is owed any income, he can include that claim in the case he raises with the ministry.
- It is important that the visa is properly cancelled as failure to do so will cause problems should he wish to return to the UAE.
I have a query regarding an outstanding telecoms bill. I have not paid it for two months as I am short of money. I would like to know if it is possible to receive a travel ban from the immigration department because I have not paid the bill yet. NB, Abu Dhabi The non-payment of a bill can result in an immediate or automatic travel ban.
- If a person fails to pay a bill for a utility company, the first step is for the company to chase the payment and if none is forthcoming, the service will be cancelled.
- The company will continue to try to collect the monies owed and follow up with the person several times.
- However, if there is no communication and no payment forthcoming, the company can then take action against the person for non-payment of a debt.
Quote In all cases, it is best to make regular arrangements to pay bills, loans and credit cards to avoid potential serious consequences Keren Bobker Any creditor can choose to register a police case for non-payment of a bill and the larger corporations will do so if the amount owed is substantial and the person has failed to reply to any request for payments.
A police case can be registered with a request for the court to approve a travel ban. The information will then be passed to the Department of Immigration. This means that a person attempting to leave the UAE can be prevented from doing so and will be detained until the matter is resolved. In all cases, it is best to make regular arrangements to pay bills, loans and credit cards to avoid potential serious consequences.
Even a partial payment is better than nothing and ignoring all calls in a situation such as this will only make the situation worse. If a company knows that the money owed will be repaid, even if not all at once, they are more likely to be reasonable.
Is absconding a crime UK?
What does Absconding mean? – Leaving an address or area that a defendant has been bailed to without seeking the permission of the police or Judge, and failing to return within a reasonable time. Absconding may be used as a general term, but is also a specific offence under the Bail Act 1976, s 6,
A person who has been released on bail in criminal proceedings fails without reasonable cause to surrender to custody is held to have absconded. It is for that person to show the reasonable cause, if any, for not surrendering to his bail. Discover our 17 Practice Notes on Absconding See the 1 Q&As about Absconding Read the latest 19 News articles on Absconding Speed up all aspects of your legal work with tools that help you to work faster and smarter.
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What is absconding case in Qatar?
Migrant Rights – Advancing the rights of migrant workers throughout the Middle East In all of the GCC countries, provisions under the labour law allow employers to take disciplinary action against workers who leave their place of employment. Despite the existence of these provisions,,
Gulf governments are aware that employers exploit this power, yet penalties are rarely levied against employers who file false or malicious charges, and they continue to incentivize employers to report absconded workers. The process almost always privileges employers’ testimonies, even when clear evidence exists to the contrary.
Migrants reported as absconded can be subject to indefinite detention, deportation, and forfeiture of any claims to wages or other labour issues. Most migrant workers are unaware of how to contest these charges, and few are ever given the opportunity to do so.
Absconding charges are an egregious feature of the Kafala system, linked to employers’ inordinate control over workers and restrictions on changing employers, which — combined with poor complaints mechanisms — often leaves workers in abusive employment situations with no option but to leave their employers.
In turn, the fear of being reported as absconding forces many workers to endure wage theft, physical abuse, and other unacceptable working conditions. The criminalisation of absconding is therefore a conduit of exploitation and forced labour. Though advocates of migrant rights have demanded the decriminalisation of absconding for a long time now, none of the GCC states has shown any inclination to do so, and instead doubled down, introducing more stringent measures against workers.
What happens when you are absconded?
Abscondment By Jan du Toit Did the employee find another job or is the employee absent as a result of illness or other circumstances beyond his control? The truth is that the employer will not know and can therefore not assume that the employee has no intention to return to work.
- In such circumstances the onus rests on the employer to establish whether the employee will return to work or not before termination of employment may be considered.
- The word ‘abscond’ is defined in the Oxford dictionary as leaving hurriedly and secretly.
- It can therefore be said that absconding means that one does not have the intention to return to work.
In circumstances where the employer does not know whether the employee will return to work or not, the employer will have to establish this before the employee can be dismissed. It is therefore common practice that un-communicated absence for a period of more than 3 days will be dealt with as absconding in most disciplinary codes.
Communicated absence from work cannot be dealt with as abscondment since the employee indicated his intention to return to work by informing his employer of his whereabouts. In Mtshinindo / Cashbuild, Hillfox (2009) 18 CCMA 8.17.2 the employee was dismissed for absconding. The employee was absent for 6 days from work and his wife called his employer to inform them that her husband was ill and visited a traditional healer.
The employer argued that the contract of employment automatically terminated in terms of its disciplinary code. The arbitrator rejected this and stated that in order to show that the employee’s absence from work amounted to the employee terminating his employment contract; the employer will be required to show that the employee abandoned his job and had no intention of returning to work.
- This the employer failed to do.
- The employer was unable to gainsay the employee’s evidence that his wife phoned the employer to let them know that her husband was ill.
- The said phone call to the employer, together with the fact that the employee reported for duty later, is totally inconsistent with an intention by the employee to abandon his job.
The employer never charged the employee with absenteeism, or any other misconduct for that matter, and it, instead, adopted the ill-considered stance that the employee had absconded and abandoned his job. It follows that the employee’s dismissal was substantively unfair.
- Stop paying the employee. The employer does not have to pay the employee anything if the employee failed to report for duty without permission or justification. Employees are quick to make contact with the payroll office when they are not paid on the normal payday.
- Call the employee on his cell phone. It is surprising that many employers fail to do this and skip straight to sending a letter by registered mail. Note the date and time of the call and when messages were left.
- Enquire with friends at work and family members. Note their comments.
- Send a letter to the employee by registered mail or deliver it to the last known address of the employee:
Dear Employee. You have been absent from work without permission since 5 January 2015 and failed to communicate your absence to the company. You are instructed to return to work immediately. Failure to do so will lead us to believe that you have no intention to return to work and may lead to your dismissal.
Deliver the letter to the residential address of the employee or send it by registered mail. Make sure that proof of delivery is obtained.
The question now is what to do if the employee failed to report for duty on the 14 th of January as instructed? Step 2 The employer will have to follow-up the 1 st letter with a notification to attend a disciplinary enquiry. The employee will be charged with abscondment or unauthorized absence from work for an extended period of time.
- The notification to attend the hearing can be delivered at the address of the employee or sent by registered mail but a reasonable period of time must be allowed between the 1 st letter and this notification.
- An important point to remember is to remind the employee of the consequences of non-attendance.
If the employee does not attend the hearing it will continue in absentia. If the employee does appear at the hearing he will have to justify his absence from work. Step 3 If the employee is dismissed in absentia, a third letter will have to be served on the employee confirming the dismissal and reminding the employee of the right to refer the matter to the ccma within 30 days from the date of dismissal.
- Justifying the dismissal.
- But what does one do if the employee decides to return to work after the dismissal? Can one simply indicate to the employee that he was dismissed and wish him all of the best for the future? The answer is no; the employer must first give the employee the opportunity to be heard.
It is not necessary to convene a fresh disciplinary hearing; the employee can just be given the opportunity to appeal against his or her dismissal, citing reasons for the extended period of absence. This may pose a new problem for the employer since the employee may have valid and reasonable justification for staying away from work and not responding to the requests of the employer to return to work.
- attempts were made to get the employee back to work,
- the employer waited a reasonable period of time before dismissing the employee, and
- the period of absence from work was unreasonable when weighed up against the operational requirements of the company, the importance of the position and the impact on other employees.
It may prove to be a costly decision if the employer foolishly rushed the abovementioned process in order to make the most of the window of “opportunity” to get rid of a troublesome employee. The employer may face an award of reinstatement or compensation if the process was rushed without justification.
- For more information contact Motor vehicle accidents, IOD or not? (Article updated 29 Nov 2022) The Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993, largely governs work-related compensation claims and related matters in South Africa.
- The main objective of the Act is to provide compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees or for death resulting from injuries or diseases and provide for matters related to this.
In terms of the Act, compensation for employees and their dependants includes medical costs or constant attendance care allowance and funeral costs where applicable. Section 1 of the Compensation for Occupational Injuries and Diseases Act (COIDA) defines an occupational injury as ‘‘an accident arising out of and in the course of an employee’s employment and resulting in a personal injury, illness or the death of the employee”.
- To qualify for a COIDA-related claim, an accident should ‘‘arise out of and in the course of an employee’s employment”.
- These claims are generally referred to as injury on duty (IOD) claims, and are claimed from the Compensation Fund.
- The main objective of the Compensation Fund is to provide compensation for disability, illness and death resulting from occupational injuries and diseases.
In South Africa, many road accidents cause serious injuries and death. One of the questions that frequently arise is, ‘‘If an employee were injured or dies because of a work-related vehicle accident, would the employee (or, in case of a fatal accident, the dependants of the deceased employee) qualify for compensation?” For an IOD or fatality due to a work-related vehicle accident to be claimable from the Compensation Fund, the accident should have occurred while the employee was on duty, carrying out a function that he or she was employed to do.
If the vehicle accident did not occur within the cause and scope of the employee’s duty, costs due to injury could alternatively be covered by the Road Accident Fund (RAF). The RAF is a statutory body that exists to provide compensation to the people of South Africa in terms of the Road Accident Fund, Act 56 of 1996, for loss or damage as a result of bodily injury or death caused by negligent driving within our borders.
The RAF provides compulsory coverage for road users. If a vehicle accident did not occur within the cause and scope of the employee’s duty (if it is not an IOD), victims could for example file a claim for compensation against the RAF. This coverage covers all people who are involved in an accident, including victims and their dependents.
Not all injuries are covered by the RAF, only injuries that are generally considered as serious. Neither the RAF nor the Compensation Fund accepts liability for vehicle damages. Section 22(5) of the COIDA elaborates on travel-related IOD claims. The subsection stipulates that ‘‘the conveyance of an employee free of charge to or from his place of employment for the purposes of his employment by means of a vehicle driven by the employer himself or one of his employees and specially provided by his employer for the purpose of such conveyance, shall be deemed to take place in the course of such employee’s employment”.
For the claim to be accepted by the Compensation Fund, the following criteria must be met:
- Was the vehicle provided by the employer?
- Was the vehicle provided free of charge?
- Was the vehicle provided for the purposes of work/ employment?
- Was the vehicle driven by the employer himself or one of his employees?
Claimants should also be able to prove that they travelled on the most economical route to work when the accident occurred. Employees travelling to the office and back home with a private vehicle would not be covered, as they would not be on duty while en route to work.
- On the other hand, employees who travel for business, are drivers of company vehicles, or are transported as part of their job would be covered if they are injured or die due to a work-related vehicle accident.
- Call-outs: When an employee is called out to perform work, these individuals would be covered while travelling to work as well as the period during which they perform work for the employer.
Please note that these individuals would normally not be covered when travelling back home (except when it is a company vehicle provided free of charge for the purpose of work). Standby: When a standby worker (like a maintenance worker who is performing official standby duty) is called out by the employer and is injured or dies due to a vehicle accident while travelling to and from work, it should be viewed as an injury on duty.
- Describe in detail how and where (street names etc.) the accident happened.
- Include detailed statements by the driver of the vehicle and eyewitnesses to the accident, describing how and where (street names, etc.) the accident occurred, as well as a diagram.
- Who is the registered owner of the vehicle?
- Name the place of departure and the destination of the vehicle at the time of the accident.
- Was the vehicle travelling on a direct route to its destination from its place of departure?
- What was the purpose of the journey?
- Was the vehicle specifically used for the purpose described in the above question? (For example, if the purpose of the journey was to deliver bread, was the vehicle assigned to the task of transporting bread?)
- What control did you exercise over the driver of the vehicle for determining the vehicles point and time of departure, destination and route, as well as being able to discontinue the transport at any time?
- Was transport supplied free of charge to employees to transport them to and from work?
- The registration number(s) of the vehicle(s) involved in the accident.
It is also important to remember that, if there is any uncertainty relating to an IOD, complete and submit the required forms to the Commissioner and allow them to make the ruling on the claim. COIDA always works on the proviso of “at the discretion” of the Compensation Commissioner. For training or consultations, contact Tinus Boshoff at, We will continue to keep you informed and updated.
What are the consequences of absconding?
Why is absconding from work is a bad idea for the employees? – Absconding should never be an option for any employee, no matter what company he is working in. There are lots of ways to get into deep trouble, and absconding is one of them. There are various consequences of absconding. A few of them are
- An employee will face a loss of pay or salary.
- There will not be any experience letter with the employee.
- Absconder will be left with a bad reputation, as he/she will be put into the blacklist and never be rehired.
- If the employee is working in an area where the job market is small, he will suffer because there won’t be anyone recommending him or her for the next job.
- And probably the most important one is the case where an employee owes money or assets to the company. The company or organization has the right to sue the employee legally and recover the amount.
How do you clear absconding?
You need to withdraw your absconding case first, you have to visit immigration along with your new offer letter issued by the ministry of labor and NOC letter from your old company. Then only you can apply for the reduction of fines. For legal assistance, please contact us on WhatsApp.
How long does abscond take to expire?
All You Need to Know about “Absconding” in the UAE – According to the UAE Labour Law, a worker is said to have “absconded” if he/she does not report for work for more than a week (7 days) without a valid reason, In other words, the employee appears to have gone AWOL (absent without leave).
- Fill out an absconding report and submit it to the local Labour Department.
- Attach proof showing that your company does not owe any fines or has paid all previous fines.
- Provide a bank guarantee (worth AED 3,000) for every worker reported to be absconding.
NOTE: If the whereabouts of the worker who has absconded are known, go to the Labour Inspection Administration of the Labour Department so that he/she may be apprehended and the details of the case are established. Refunding a Bank Guarantee The Ministry of Labour shall refund the bank guarantee to an employer if:
- It is proven that the absconding worker has left the UAE.
- Three years have passed since the submission of the absconding report, or the expiration date of the labour card (whichever happens first).
When an Absconding Report is “Unacceptable” The Labour Department would not accept an absconding report in the following cases:
- Force majeure
- The worker is on vacation,
- The worker has filed a complaint or has a pending claim before the court or the Ministry of Labour.
- The worker is absent due to a legitimate reason (in cases where the absence is less than 7 consecutive days from the expiration date of a legal absence or leave).
- The absconding report was issued due to vexatious reasons (e.g. filed to avoid obligations towards a worker who has actually not absconded and continues to work).
- The absconding report was issued for fictitious reasons (e.g. filed to evade payment of fees after the worker’s contract has ended — without following proper transfer of sponsorship).
Withdrawal of Absconding Report Upon Worker’s Request The Ministry of Labour may withdraw an absconding report upon the worker’s request if:
- It is proven that the report was vexatious,
- It is proven that the report was fictitious,
- There is a lack of the necessary conditions for a valid absconding report.
In this case, no charges will be brought against the employer. The worker will have his/her labour card cancelled, although he/she will still be able to obtain a work permit from another employer, Penalties For absconding cases, the following penalties apply: #1 – If the absconding notice was found to be vexatious or fictitious, the employer would have to pay a fine of AED 10,000,
- The worker’s sponsorship will be cancelled,
- The worker shall be banned from working in the country for 1 year,
- The employer would have to pay for the sponsorship cancellation fees and travel expenses of the worker.
- The employer would have to pay AED 10,000 along with any outstanding fines.
- The employer’s company/establishment would be changed to category (c), which is subject to harsher penalties if they break labour law rules.
#3 – If the absconding report is found to be fake :
- The worker will be banned permanently from working in the UAE.
- The employer would have to pay AED 10,000 along with any outstanding fines.
- The employer’s company/establishment would be closed,
Moreover, if an absconding report is cancelled or withdrawn (whether upon the request of an employer or worker), the employer’s bank guarantee would not be refunded. DISCLAIMER: The details presented above are for information-sharing purposes only. To know more about absconding and other labour-related matters, please read the UAE Labour Law, If you are one of those who have absconded but would like to legalise your status, consider filing for amnesty.
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How many days is absconding?
‘Abscondment’ refers to an Employee who is absent from work without authorisation and for a period exceeding 10 consecutive working days. If an Employee takes up other employment, such person shall be deemed to have absconded irrespective of whether the said prescribed minimum period for abscondment has expired or not.
What legal action can be taken for absconding?
Absconding is a Crime in India – Section 82 of the Code of Criminal Procedure deals with the offense of evading a firm so that the corporation can file a lawsuit against the absconder.
According to section 368 of the Indian Penal Code, it is a crime with the same seriousness as kidnapping or abduction if an employee threatens the employer that he will reveal some confidential information or documents of the company to a third party to carry out some illegal act by the employer. The employer has the complete right to file a lawsuit by providing the employee with a legal notice draft.
How much is the fine for absconding?
“Be honest in providing any information requested by any department within the General Directorate of Residency and Foreigners Affairs, otherwise you shall be held liable.” “Always hire staff under your sponsorship to avoid AED 50,000 fine.” “Recruiting foreign expat without giving him a job or allowing him to work for others illegally shall incur a fine of AED 50,000.” “Report your sponsored staff if he abscond to avoid applicable fines”. “Make sure you don’t work except for your employer.” “Report to the General Directorate of Residency and Foreigners Affairs, or nearest police station, about any absconding staff, who abscond for any reasons within (10) days as of absconding.” “If you cancel your staff’s residency, he must leave the country within maximum of (30) days and you must provide prove of his departure.” “Obtaining valid residency permit protect you from deportation.” “You are Welcome to our Country and you shall have all rights as long as your visa, entry or residency permits are valid.” “Please abide by the laws and regulations to avoid legal consequences, including deportation.” “Filing a false absconding report against your staff incur a AED 5,000 fine.” “Avoid AED 100 fine monthly for not renewing your establishment card.” “You should inform the General Directorate in case of any change in your personal information and your workplace information”. “You should leave the country when your visa validity is expired or cancelled, unless you had obtained residency visa permit”. “Don’t practice any activity or work unless in accordance with the legislation applicable in the UAE”. “Remember that an fine will be imposed on you for every day you overstay illegally in the UAE “. “To avoid the fine you should expedite to renew your visa or residency permit in the permissible situations or leave the country within the grace period”.
: Legal Awareness
Who can remove absconding?
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.
Is absconding a criminal case?
Abscond means leaving a jurisdiction secretly or suddenly, e.g. to avoid service of process, arrest, or prosecution ; or leaving with another person’s money or property, Absconding is generally a criminal offense which may lead to imprisonment in jail.
Is absconding an Offence?
Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five
How do you check if you are absconded?
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.
What are the grounds for absconding?
What legal action could be taken against an absconding employee in UAE? By the dictionary meaning of it, absconding means leaving hurriedly and secretly, generally without any prior notice or information. In the United Arab Emirates (UAE), if an employer is absent from the workplace for seven days consecutively, the respective employer has the right to report the employee absconding.
- Shocking, but it is as simple as it sounds.
- There can be numerous reasons for an employer to not be present on the office premises, for example, injuries, accidents or severe illness, or family duties and responsibilities.
- The reasons mentioned above can’t be grounds for an absconding report to be filed by an employer.
Hence, absconding from a legal perspective means not showing up for work without any valid reason or without informing your Manager or HR in advance. The employee must notify the right person about the absence and the reason behind it. The Federal Law number 8 of 1980 of Concerning the Regulation of Labour Relations, also called UAE Labour Law, is the umbrella under which all labour concerns and issues fall along with rules to govern the employees’ labour rights in the private sector.
- Further, the (MoHRE), priorly famous as the Ministry of Labour, is duly responsible for taking care and supervising the relations between the employer and the employee and overseeing that the labour rights are protected and practised in the private sector.
- All matters relating to labour law like issues with work hours, vacations or leaves, sick leaves, juvenile employment, leave for maternity purposes, records of the employee, safety standards, termination of employment, and end of service gratuity payments are addressed by the UAE Labour Law.
As per article 3 of the UAE Labour Law, the UAE labour shall apply to all the employees who are working in the UAE, including the nationals. However, there are some exemptions to this, and specific categories of employees do not come under this law but might have to follow another set of regulations.
- There are six types of visa bans in the UAE that can be imposed on non-residents, namely One-year ban, six-month ban, immigration ban, Labour ban, and permanent residency ban,
- All these bans are implemented with respect to various labour offences that an employee can commit.
- For instance, non-completion of the contract term by the employee, illegally termination of the employment contract by the employee, not adhering to the provisions of the UAE Labour Law, not serving the notice period mentioned in his contract, terminating his limited contract before the end of its due date, committed any of the violations listed in article 120 of the UAE Labour Law or worked with another company without obtaining a work permit from MoHRE or if the employee leaves the job without any legally binding reasons or in case the employee becomes absconding, etc.
it is essential to note that if a ban is imposed of an employee only his sponsor can remove it or the ban gets lifted automatically as soon as the ban period lapses. Also, the ban period is considered to start as soon as the employee leaves the country.
It should be noted that a labour ban is not only limited to individuals who have employment residence visas but also can be imposed on individuals who have a labour permit, labour card, or a labour contract. The employee also has a right to by submitting a grievance with all the supporting documents to MoHRE via tasheel centre or on their online portal, proving that the ban imposed on him is wrong.
Once MoHRE receives the grievance report, they will set up a special committee to analyze the request and decide. Later on, the grieved employee will be notified about the same. Importantly, all matters about absconding employees are governed by the provisions mentioned in the Ministerial Resolution No.
- 721) for 2006 of the UAE Labour Law on Escape Report Procedures, which the Ministry of Labour of UAE (Ministerial Resolution) issued.
- According to Article 1 of the Ministerial Resolution, an escape report applies to the employee who has stopped coming to work for more than seven consecutive days if the employer swears that he does not know his whereabouts.
Hence, tagging an employee absconding is a type of labour ban. To impose absconding on the employee, the employer will have to provide prima facie evidence that the said employee is absconding and proof that the employee is still in the UAE. This is by article 120 of the UAE Labour Law.
- As per article 128, if the contract is limited and the employer tags the employee as absconding, in case he is proven so, the employee cannot work in the country for a year, starting from the time of reporting.
- Any employer cannot hire further such an employee in that one year.
- If the employee is not in the country, no absconding case can be done on him; still, the employer can request MoHRE at the time of cancelling the visa of the employee to impose a one-year ban on him.
There is also a limitation attached to tagging someone absconding, i.e., employers have three months to report an absconding case for the MoHRE to consider. Since every coin has two sides, the employee is also given a chance to state their side of the story if the employer has wrongfully or maliciously put an absconding tag on him.
The employee can go to MoHRE and register his grievance along with supporting documents to claim his innocence if the employee can provide the MoHRE with valid proof that he attended work or informed the concerned management, or was absent due to some reasonable cause the MoHRE might consider. It is established that resigning without resignation or not serving the notice period can also be grounds for an employer to report absconding.
Similarly, if the employee is unskilled, leaving the job before six months can involve the same risks. According to a resolution passed in 2016, the employee can now break the contract before completing six months if you have a mutual agreement with your employer.
This clause is dependent on the skill level of the employee as defined by labour law. For example, Skill level 1 (any degree higher than under-graduation), 2 (diplomas acquired in any field), and 3 (higher-secondary or high-school) can use this clause to prevent a ban. In contrast, Skill levels 4 and 5 (with no formal education on record) will get a ban if they break an employment contract before completing at least six months and then serving notice as agreed.
Once the absconding charges are proved, the MoHRE will take disciplinary action against the employee, which may include cancelling the work permit or imposition of an employment ban. However, the employer must be aware that filing a fake absconding report against an employee can attract a lot of trouble.
If it is found that an absconding report was wrongfully filed, the employer can be charged a fine of Dirhams ten thousand (AED 10,000), and the company or the corporation be blocked by the MoHRE till such a fine is paid. The category of the company will also be changed to type C. Therefore; all employers should refrain from filling a fake absconding report.
Interestingly, the employer can cancel the absconding report by giving an endorsement that they committed a mistake in the report like wrong name or incomplete credentials or the employee was hospitalized or was detained due to some reasonable cause.
- Relevantly, the labour ban is entirely exclusive and different from the bans that are imposed by the Directorate of Residency and Foreign affairs (those are the bans based on severe criminal offences concerning security reasons).
- Hence all the employees and employers should strive to abide by the rules and regulations laid down by the UAE government to run the corporation successfully and peacefully.
: What legal action could be taken against an absconding employee in UAE?
When can an accused be said to be absconding?
Case in which accused has absconded – When process has been issued for the attendance of the accused, but the case has remained pending for a long time owing to his non-appearance, and the Magistrate is satisfied that the presence of the accused cannot be secured within a reasonble time, or when an accused person found
Is absconding a good idea?
Why is absconding bad? – Absconding is extremely bad for the reputation of the employee as he/she may never find a job again, or further may even be blacklisted. In fact, there will not be any experience letter with the employee. It is also wrong for the company as they might lose all the sensitive information in the form of that employee.
Can absconding be removed?
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.
How many days is considered absconding?
‘Abscondment’ refers to an Employee who is absent from work without authorisation and for a period exceeding 10 consecutive working days. If an Employee takes up other employment, such person shall be deemed to have absconded irrespective of whether the said prescribed minimum period for abscondment has expired or not.
Why do people abscond?
Why do Employees Abscond from Work? – I clearly remember an incident when a sales executive absconded in the fifth month of his employment. He didn’t provide any official intimation through a resignation, nor informed anyone in the company about his whereabouts.
- Nobody in the team knew the reason for his sudden disappearance.
- The entire Sales team couldn’t understand and accept the incident since he was happy in his role.
- The manager was in a fix, as the sudden exit of this employee had created a void and built pressure on the entire team.
- The company had invested heavily on employee development.
The leadership blamed everyone including the hiring manager, and the recruiter for not doing enough in hiring the right employee. Unfortunate situation to be in but happens often! Reasons for absconding could be organization related, employee related, manager related and even related to the market situations.
- » Extreme disinterest in job role
- » Lack of commitment from the employee
- » Negativity at workplace
- » False promises made during recruitment
- » Conflict in individuals and organization’s goals
- » Absence of rewards and recognition
- » Not being able to cope up with work pressure and stress
- » Strict manager who does not believe in people related practices
- » Better job prospects
- » Personality issues
- » Conflicts between team members or supervisors
An employee takes the decision to abscond when he feels extremely uncomfortable to discuss his impending exit with his supervisor, HR or other senior employees. Hence whatever the reason may be, an absconding employee indicates a serious breakdown of communication in the company.
Can absconded employee rejoin?
Use factoHR and automate your HR processes – Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth. umakanthan53 5946 Dear Mandar Jotkar, If the absconder’s services have not been already terminated by the employer after following the procedural formalities, he can request for posting subject to the discretion of the employer.6th May 2016 From India, Salem riteshmaity 243 Yes, an absconder can join the same company unless and until his services was terminated due to unauthorised absenteeism following the due course of law. If not steps were taken by company then he will be deemed to be in continuous service. Check www.labourlawhub.com for more information.6th May 2016 From India, Kolkata kanika kapoor 35 Dear Mandar, It completely depends on the organization’s HR policies. Many companies would not prefer to take employee who abscond without giving proper resignation/reason and even stop picking up calls. Kindly get in touch with the respective HR and seek clarification.also it may also depend on the employees previous records and performance. 8 What.Umakanth said.is largely.true but.it also depends on the time period, whether.unauthorized.absence tantamount to abandonment of the job.in his own accord.is decided on a case to case basis 28th June 2016 From India, Jamshedpur