How do I report absconding in UAE?

In the UAE, “absconding” refers to any instance where an employee leaves their job without informing their employer or arranging official leave with a valid reason. As well as failing to turn up to work or leaving without proper notice, absconding might involve an employee overstaying their visa, taking up employment with another company without authorisation, or fleeing sponsorship by failing to inform the company or individual sponsor of their absence.

Under UAE labour laws, absconding is a serious matter, and it creates legal and operational challenges for the employer. Cases must be reported through the Ministry of Human Resources and Emiratisation (MOHRE) for mainland companies, while companies in free zones have specific procedures. Reporting absconding is essential for employers to protect themselves from future liabilities, such as fines or penalties.

Types of absconding cases

Absconding cases in the UAE fall under different categories based on the employee’s behaviour and circumstances:

• Failure to return after approved leave: This is the most obvious form of absconding and occurs when an employee takes approved leave but fails to return to work by the end of their leave period. If the employee does not notify their employer or provide a valid reason, this is grounds for absconding.
• Extended absence without notification: If an employee stops attending work for a prolonged period (usually a minimum of seven days) without notifying their employer or presenting any justification, this is considered an unauthorised absence and qualifies as absconding.
• Leaving the UAE without notification: In this case, employees leave the UAE without informing their employer, often indicating they do not plan to return. This may also include cases where the employee departs without settling their employment contract or obtaining the necessary exit clearances from their employer.
• Failure to return after emergency leave or travel: Employees who travel for emergency reasons but do not return within a reasonable time frame without informing their employer may be classified as absconding if they do not communicate with them.
• Permanent absconding: This involves an employee abandoning their role indefinitely without notice. They may not leave the country but completely cut off communication with the employer.

Legal consequences of absconding in the UAE

In the UAE, both employees and employers face serious legal repercussions.

Employees who abscond will find it affects their employment status and ability to work in the UAE in the future, potentially leading to fines or even bans. The consequences include:

• Employment ban

The UAE enforces strict policies on absconding, often resulting in employment bans for employees. This ban, usually imposed for one year, prevents the individual from being employed in the UAE. The employee may only re-enter for non-work purposes.

• Deportation

In more severe cases, particularly if the absconding employee is involved in illegal activities or has committed criminal offences, the authorities may choose to deport the employee. This measure ensures they are not permitted back into the country without proper clearance.

• Fines and legal penalties
  Depending on the seriousness of the crime, the UAE government will impose fines on absconding employees, especially if their actions cause their employer to incur losses or legal expenses. The fines can vary, but employers can often recoup some financial compensation from the reported case.

• Financial liabilities
  If an absconding employee leaves without clearing their financial obligations, such as outstanding loans, credit card payments, or debts with the employer, they may face legal action. Reporting absconding ensures the employer has a documented case and helps the authorities track the employee if needed.

• Impact on future employment in the UAE
  It goes without saying that when absconding is reported, it goes on an employee’s official record. This impacts their ability to seek future employment in the UAE or neighbouring GCC countries, as shared databases might reveal the absconding case, leading to work permit denials.

Meanwhile, for employers, repercussions might include:

• Reputational damage: Cases of absconding, particularly if there is more than one, may raise questions about the company culture and make it harder to attract new talent.

• Legal issues:

Employees may feel the need to abscond if there is no alternative. For example, they may face low wages or unfair treatment, or there may be unresolved disagreements between employers and employees. If employers are found to be in the wrong, they will face legal repercussions.

Steps to report absconding in the UAE

In order to report absconding cases, employers must follow specific steps to ensure they comply with UAE labour laws. These include:

Step 1: Attempt to contact the employee

Before filing an absconding report, employers should make genuine attempts to contact the employee, including emails, phone calls and formal letters. UAE labour law emphasises the need for “fair communication: to ensure that the employee hasn’t faced unforeseen circumstances.

Step 2: Gather evidence of absconding

Evidence might include employment contract copies, records of the employee’s last working day, official leave records and attempts at communication (usually emails and text messages)

Step 3: Submit the Absconding Report through MOHRE or a Free Zone Authority

For companies operating under MOHRE, absconding reports can be filed online through the MOHRE portal. For companies in free zones, the procedure varies by zone.

Step 4: Pay the fees and await a decision

Absconding cases involve administrative fees, and employers should be prepared to pay them. These fees vary depending on the reporting authority and the specifics of the case. Authorities will review the case and provide an update on the status.

Step 5: Implement legal actions as required

Once the absconding case is confirmed, employers may need to proceed with additional actions depending on the nature of the absconding. This might involve cancelling the employee’s visa, filing police reports and seeking reimbursements or deductions.

Employers who wish to report absconding cases in the UAE should familiarise themselves with the legal requirements and processes to ensure compliance and protect their interests. If you have any questions or concerns about the process, feel free to contact Global Link – our expert advisors will be happy to help.