Absconding is a term used to describe when an employee leaves their job without providing notice to their employer or without completing their contractual obligations. In Dubai, absconding cases are taken very seriously, and they can have serious consequences for both the employer and employee involved. In this blog post, we will discuss the legal rights and obligations of employers and employees in absconding case in Dubai.
Legal Definition of Absconding in Dubai:
Absconding is a serious legal offense in Dubai and is defined as the act of an employee leaving their job without informing their employer or without fulfilling their contractual obligations. The Dubai Labor Law defines absconding as “the act of an employee leaving work without notice and not returning to work without a valid reason for more than 7 consecutive days.”
Legal Rights and Obligations of Employers in Absconding Cases
When an employee absconds from their job, the employer has certain legal rights and obligations that they must follow. These include:
- Termination of Employment Contract: The employer has the right to terminate the employment contract of an absconding employee. However, before doing so, the employer must follow the procedures outlined in the Dubai Labor Law, which includes notifying the employee of their absconding status and providing them with a notice period to return to work.
- Reporting to Authorities: Employers are obligated to report absconding cases to the relevant authorities, including the Ministry of Human Resources and Emiratisation (MOHRE)Labour department. Failure to report an absconding case can result in fines and other penalties.
- Withholding of Employee’s End-of-Service Benefits: Employers have the right to withhold the end of service benefits of an absconding employee until the employee has been found and the situation has been resolved.
- Recruitment Agency Obligations: In cases where the employee was recruited through a recruitment agency, the employer can hold the agency liable for any damages caused by the absconding employee.
Legal Rights and Obligations of Employees in Absconding Cases
Employees who are accused of absconding from their jobs also have certain legal rights and obligations that they must follow. These include:
- The Right to Defend Themselves: Employees have the right to defend themselves against accusations of absconding. They can do so by providing a valid reason for their absence or by proving that they were not absent from work without reason.
- The Obligation to Inform Employers: Employees have an obligation to inform their employer of any unforeseen circumstances that may prevent them from coming to work. This includes medical emergencies, accidents, and other unexpected events.
- The Obligation to Return to Work: Employees who are accused of absconding have an obligation to return to work within the notice period provided by their employer. Failure to do so can result in the termination of their employment contract.
- The Right to Receive End of Service Benefits: If the employee can prove that they were not absent from work without reason, they have the right to receive their end of service benefits.
Consequences of Absconding Case in Dubai UAE:
Absconding cases can have serious consequences for both employers and employees in Dubai. Some of the consequences include:
- Fines and Penalties: Employers who fail to report absconding cases or who terminate an employee’s contract without following the procedures outlined in the Dubai Labor Law can face fines and other penalties.
- Damaged Reputation: Employers who have a high number of absconding cases can damage their reputation and make it difficult to recruit new employees.
- Loss of End of Service Benefits: Employees who are found guilty of absconding can lose their end of service benefits.
- Difficulty in Finding New Employment: Employees who are found guilty of absconding may find it difficult to find new employment in the future, as absconding cases are taken seriously by potential employers.
- Legal Action: Employers may take legal action against absconding employees if they have caused damages or losses to the company. This can result in further fines and penalties for the employee.
- Visa Cancellation: Absconding employees may have their visas canceled, making it difficult for them to remain in the country or find new employment opportunities.
- Blacklisting: Employees who are found guilty of absconding may be blacklisted by the Ministry of Human Resources and Emiratisation, making it difficult for them to find new employment opportunities in the UAE.
Preventing Absconding Cases:
Employers can take certain measures to prevent absconding cases from occurring in the first place. These include:
- Ensuring Clear Employment Contracts: Employers should ensure that their employment contracts clearly outline the terms and conditions of the employment, including the notice period required before an employee can resign or be terminated.
- Effective Communication: Employers should establish effective communication channels with their employees and encourage them to report any unforeseen circumstances that may prevent them from coming to work.
- Regular Check-Ins: Employers should conduct regular check-ins with their employees to ensure that they are satisfied with their work and to address any issues that may arise.
- Providing Adequate Training and Support: Employers should provide their employees with adequate training and support to ensure that they are able to perform their job duties effectively.
- Offering Competitive Salaries and Benefits: Employers should offer competitive salaries and benefits to their employees to ensure that they are motivated and committed to their job.
Reasons for Employee Absconding in Dubai:
Employee absconding, also known as job abandonment, is a common issue in Dubai and can have various reasons. Here are some of the most common reasons for employee absconding in Dubai:
- Unhappy with the Job: Employees may abandon their jobs due to dissatisfaction with their work or the work environment. They may feel that their job is not what they expected, or they may have experienced a toxic work culture.
- Better Job Opportunity: Another common reason for employee absconding is when they receive a better job offer. If an employee is not satisfied with their current salary or career growth, they may look for new opportunities and leave their current job without notice.
- Personal Problems: Personal issues, such as family problems, health issues, or financial problems, can lead employees to abandon their jobs. In some cases, employees may not be able to cope with their personal problems and choose to leave their job without notice.
- Lack of Job Security: In Dubai, many employees work on a probationary period, and if their performance does not meet the employer’s expectations, they may be terminated without any notice. This can make employees feel insecure about their job and may choose to leave their job without notice.
- Visa and Legal Issues: Dubai has strict labor laws, and employees who violate these laws may face legal consequences. In some cases, employees who are in violation of their visa or legal status may choose to abscond to avoid legal issues.
- Lack of Communication: A lack of communication between the employer and employee can also lead to the employee absconding. Employees may feel that their employer does not value their contribution, or they may not be clear about their job responsibilities, which can lead to frustration and abandonment.
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Employers in the UAE can terminate an absconding employee by following the proper legal procedures, which include issuing a notice of termination and obtaining approval from the Ministry of Human Resources and Emiratisation (MOHRE).
An absconding case in Dubai UAE is considered a serious offense and can result in legal consequences, such as a travel ban, fines, and possible imprisonment. The severity of the punishment depends on the specific circumstances and the gravity of the offense.
Immigration Ban: This ban prevents the individual from entering the UAE and obtaining a new visa.
Labor Ban: This ban prevents the individual from being employed by any company in the UAE for a specific period, which can range from six months to a lifetime ban depending on the circumstances of the absconding.
No. You should cancel the old employment visa first.