Companies to Pay AED 5000 Fine for a Fake Absconding Case
The absconding is a serious issue for any company who has expatriate workers. The UAE Labour Law has strict rules to protect the rights of both the employer (company) and the employee (worker). But no one can use the law for personal benefits as the government charges fines for such activities.
If an employee stops going to work for consecutive 7 days without informing the employer/company, s/he is considered as absconded from work in UAE. The company can register an absconding case against such employees.
Companies Must Pay AED 5000 Fine for a Fake Absconding Case
As per Labour Law, if a company files a fake absconding case against an employee, the company has to pay AED 5000 fine to the UAE Labour Department (MOHRE). The fine is applicable if the employee proves that s/he has not absconded from work and the employer’s case is fake.
What is Absconding in UAE?
Absconding means running away from work without giving a prior notice to the employer. According to the UAE labour law rules, an employee is considered as absconded if s/he has not reported to the workplace for seven consecutive days and has not informed the employer/company for remaining absent.
What Companies Can Do for Absconded Employees?
You are an employer in UAE and many expat employees work in your company. If one of your employees is absent at work for seven days without any prior notice or leave note, you should try to contact that employee.
If that employee is unreachable, you should immediately register an absconding case at MOHRE against that employee. Because the UAE Labour Department can take actionagainst absconded employees if the employer/company files a case against them.
Absconding Status Checking in UAE
The employees who have not reported to their workplace for more than seven days, are required to check absconding status in UAE. There is an online way to Check Absconding Status in UAE at MOHRE website, follow the steps given below.
1. Go to MOHRE website portal @www.mohre.gov.ae.
2. Click on New Enquiry Services under Services section.
3. Select Abscond Approval in Choose a Service section.
4. Enter Transaction Number in the given box.
5. Enter Captcha Code and click on SEARCH button.
6. Your Absconding Status will appear on screen.
If you have an Android Mobile or iPhone, you can get MOHRE App and use it for checking absconding status on mobile in UAE.
The facility to check absconding status in UAE is also available at all police stations. If you have a doubt that your employer has filed an absconding case against you, just go to your nearest police station and provide your Emirates ID to check for an absconding case.
Can I Get Banned from UAE After I Have an Absconding Case?
Yes, you can get banned from UAE after you have an absconding case from your employer. The UAE government will ban you for a period of one year, so you cannot enter UAE or apply for a work visa during the banned period.
If you absconded from work and still in UAE, you can get arrested by the police. Then you will be detained in jail and finally the police will deport you to your home country.
Absconding from work is an illegal activity and the foreign employees in UAE should never do it. In case you have a dispute with your employer/company, you can talk to your employer directly or register a complaint to MOHRE (UAE labour department).
Kindly remember that running away from work is not a solution to any issue you face at your workplace in UAE. In case your company has filed a fake absconding case against you, get help of a legal advisor and labour department to resolve the issue.
Conclusion:
The absconding status inquiry is available online at MOHRE website and offline at the police station. If an employee gets an absconding case in UAE, s/he will face legal consequences and an employment visa ban for a year. In case the absconding case is fake, the employer has to face legal issues and pay AED 5000 fine to the government.
