What Is Meant by Absconding?

Absconding generally refers to a situation where an employee:

1. Stops reporting to work without a valid reason.
2. Leaves employment without notice or approval.
3. Remains unavailable or unreachable by the employer.

In practice, employers may report an employee to the relevant labour and immigration authorities alleging that the employee has unlawfully abandoned employment. However, an absconding complaint should not be used arbitrarily or as a retaliatory measure.

Legal Grounds for Filing an Absconding Report

The primary legislation regulating employment relationships in the UAE is Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations and its Executive Regulations.

The source article explains that Article 44 of Federal Decree-Law No. 33 of 2021 permits an employer to dismiss an employee without notice where the employee is absent without lawful excuse for more than seven consecutive days or twenty intermittent days during one year.

According to the article, an employer may consider absconding-related procedures in circumstances such as the following.

1. Continuous Unauthorised Absence

If an employee fails to report to work continuously without informing the employer or obtaining approval, legal action may be considered after the applicable absence threshold. Attendance records and communication evidence can be important in these circumstances.

2. Employee Disappears or Becomes Unreachable

Where an employee leaves the workplace, vacates accommodation, becomes unreachable, or cannot be contacted for an extended period, an employer may suspect abandonment of employment.

3. Leaving Employment Without Notice

Employees are generally required to comply with contractual notice periods unless a legal exemption applies. If an employee suddenly leaves employment without resignation or notice and fails to communicate with the employer, absconding procedures may follow.

4. Illegal Employment Elsewhere

In certain circumstances, an employee sponsored by one employer may unlawfully work for another employer without the required authorisation. Such conduct may create labour and immigration issues and may lead to an absconding complaint.

Procedure for Filing an Absconding Complaint

The source article explains that the process generally involves reporting the matter to the Ministry of Human Resources and Emiratisation (MOHRE) or the relevant free-zone authority, followed by immigration procedures where applicable.

Employers are usually expected to provide supporting employment and attendance documentation, which may include:

1. Labour contract.
2. Emirates ID and visa details.
3. Attendance records.
4. Records of communication attempts.
5. Payroll records.
6. Evidence supporting the alleged unauthorised absence.

Authorities may review the facts and supporting evidence before accepting or rejecting a complaint.

Consequences of an Absconding Report

If an absconding complaint is accepted, the employee may face employment and immigration-related consequences. The source article identifies possible issues including:

• Labour rights complications.
• Visa complications.
• Immigration restrictions.
• Administrative fines.
• Difficulties obtaining future employment visas.
• Possible deportation procedures in certain circumstances.

The consequences can vary depending on the employee's immigration status, pending labour claims, and whether the matter is resolved.

Employee Rights Against False Absconding Reports

Employers have legitimate interests in addressing unauthorised absence, but absconding procedures should not be misused during employment disputes.

The source article identifies circumstances in which an employee may have grounds to challenge an absconding allegation, including where:

1. The employee has already submitted resignation.
2. Salary remains unpaid.
3. The employee has filed a labour complaint.
4. Leave was approved.
5. The employee was unlawfully terminated.
6. There is an ongoing employment dispute.

Evidence That May Help Challenge a False Report

Documentary evidence can be important when responding to an absconding allegation. Depending on the circumstances, useful documents may include:

• Resignation emails.
• WhatsApp communications.
• Medical records.
• Salary dispute evidence.
• Approved leave documents.
• Evidence of employer misconduct.

Employees may challenge an unlawful absconding complaint through MOHRE, labour courts, or other relevant authorities, depending on the circumstances.

When to Seek Legal Advice in Dubai

Consider obtaining professional legal advice if you have received an absconding allegation or believe an employer may file one against you.

• You have been absent because of an employment dispute.
• Your salary remains unpaid.
• You have already submitted your resignation.
• Your employer has threatened to file an absconding report.
• You have approved leave or medical documentation supporting your absence.
• You need assistance responding to MOHRE or another authority.

Ayesha Al Dhaheri Advocates & Legal Consultants provides legal support in employment matters involving employers and employees in the UAE.