Understanding Absconding in the UAE
Most expatriates living and working in the UAE will find it to be a rewarding experience. Each country has its policies and rules, and a new legal system can bewilder foreigners unfamiliar with terms such as “absconding.” The term “absconding” is not a workplace quarrel; it is a legally defined action. Depending on the circumstances, it can be detrimental for both employees and employers. So, knowing what absconding in the UAE is vital, whether you are a resident, worker, or visitor.
What is Absconding in the UAE?
In simple terms, absconding is when an employee goes missing from work and does not notify their employer of their absence. Under Article 28(1) of Cabinet Resolution No. 1 of 2022, an employee is categorized as absconding if they do not notify their employers for more than 7 consecutive days.
Absconding in the UAE
Leaving a Job Without Notice
Leaving a job without serving a stipulated notice period is a breach of contract and can be classified as phoenix absconding.
Date of Exit is Not Stated
An individual who does not depart the UAE by the date agreed upon when entering the UAE may be reported as absconding.
Working Illegally For Another Employer
That an employee has a valid work contract does not allow him/her to work for another employer without a formal charge and a transfer process. This is a violation of the law and is said to be absconding.
Absconding Fleeing Sponsorship
This group of employees falls under this category as they may go out of the country or just vanish without notice to their sponsor or employer.
Absconding For Other Visitors (Visit Visa)
Absconding is not an activity meant for employees only. People who visit other countries on a tourist visa, or a visit visa, but who don’t do proper regularization when extending the period are called absconders.
Some of them are;
Overstaying Visit Visa: Failing to leave the UAE within a stipulated time frame.
Failing to Exit After Visa Cancellation: Exit from the country after a residential visa has been granted, but not within a grace period.
Legal Instruments Deal with Absconding in the UAE
Federal Law Number Eight of 1980, UAE Labour Law states: “The conduct of workers in employment relations and their rights and obligations”.
Ministerial Resolution Number Seven Hundred Twenty-one of Twenty Hundred Six gives instructions on how to deal with cases of absconding. This resolution is especially for the employer.
In anything regarding visitors and residents abusing the terms of a visa, the Directorate General of Residency and Foreigners Affairs (GDRFA) will forgo their right to issue an abscond order and will conduct the sentences.
Legal Problems That Might Arise from Absconding in the UAE
1. For Employees: Laws of Absconding in the UAE
Deportation: They would probably have to forfeit an amount equal to the cost of their deportation once they are branded as absconding.
Travel Ban: They will most probably be barred from entering the UAE or other GCC countries for several years or permanently.
Immigration Blacklist: Their name may be flagged as making them compelling lose as sources of options for any windows of travel opportunity.
Financial Compensation: The employee may end up paying penalties or compensating the employer.
Difficulty in Employment: Prospective employers will be reluctant to hire an individual with an absconding history.
2. For Employers
Administrative Burden: Employers have to comply with the legal formalities of preparing and submitting the necessary reports and documentation.
Legal Responsibility: Those who are unfairly treated in a manner that drives them to abscond can result in legal action being taken against the employer.
Reputation Damage: A company’s record of positive reputation and ability to attract talent could be hurt by frequent absconding cases.
3. For Visitors
Daily Financial Penalties: Accumulated for every day they overstay.
Deportation: This usually happens when one is caught or reports themselves.
Travel Restrictions: Further visits to the UAE may be restricted.
Residence Problems: Difficulties arise when applying for or renewing residence permits.
Common Triggers For Absconding in the UAE
Though absconding in the UAE has a legal consequence, the causes behind it may reveal underlying issues:
Unfair Treatment: An employee may abscond due to the non-payment of wages, abuse, and violation of contracts.
Inadequate Work Environment: Poor health and safety standards within a workplace enhance the chances of absconding.
Lack of Understanding Visa Guidelines: Visitors may be unacquainted with the specifics and rules and may inadvertently overstay their visas.
Financial Concerns: Tourists running out of finances might outstay their welcome, intending to address issues later.
Loss of Employment: Visitors on residence visas who become unemployed may choose to remain on permits out of fear of facing the consequences of exiting.
Reporting Of Absconding Cases: The Steps
For Employers:
Gather Information
The evidence one has to collect includes employment agreements, communications made. It includes calls and texts, and proof of absence.
Timeline for Reporting
An employer is required to report absconding behavior within three months of the last working day.
Submit to MOHRE
This is done via the MOHRE portal by use of an e-signature card. He must upload requisite documents like a trade license, Emirates ID, and a visa copy.
MOHRE Evaluation
MOHRE evaluation typically takes 1 to 2 working days.
Fighting Absconding Situations:
Being proactive helps get rid of absconding issues. It can lead to severe consequences. To do so:
Understand What You Sign: Go through the labor agreement before signing to ensure its clauses can be fulfilled.
Stay Responsible: Keep track of the expiry dates for visas and any legal documents.
Communicate: Bring forth issues to be solved with MOHRE before they snowball into larger concerns.
Respect Exit Policies: Always leave with proper notification and receipt of clearance from the employer, never stop mid-process.
Unsponsored Entrants Plan: Have plans in case things go off schedule, such as tracking dates of the visa, requesting extensions, and early leave.
Conclusion
Juggling all of the legal formalities might become fatiguing sometimes. For matters concerning your visa, labor rights, or an absconding charge, legal consultants and immigration professionals can assist you.
Shuraa Business Setup is one of those companies that takes care of its clients regarding immigration, visa processing, and labor law matters in the UAE. Whether you are an employee seeking counsel or a company wanting to understand your role, expert advice enables you to navigate around blunders. Understanding absconding in the UAE is very important.
FAQs
1. How long does absconding last in the UAE?
Absconding records can be held in the immigration systems for an indefinite period. Some bans last under one year, while others could potentially result in permanent blacklisting.
2. Can I return to the UAE after absconding?
Possibly, but it is primarily dependent on the extent of your case. You may have to incur certain costs, obtain legal approval, or wait for a travel ban period to lift.
3. Can I exit UAE borders if there is an absconding case registered against me?
No. You will most likely be detained at immigration. The alert associated with the absconding needs to be cleared before being able to exit the country legally.
4. Is there amnesty for absconding in the UAE?
Amnesty programs do exist, but they are quite rare and seldom include absconding cases. They focus more on overstaying and less serious violations.
