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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

Lawyer

My boss canceled me and they give me absconding...

تم تقييم هذه الإجابة:
My boss canceled me and they give me absconding case. What can I do
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Ajman
Lawyer's Assistant: Has anything been filed or reported?
I go exit today early in sharjah but the immigration tell me I have absconding case so I cannot exit
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
How

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

Dear Customer
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that

Absconding case is a legal motion that is regulated by Ministerial Resolution No.731 of 2006 on Escape Report Procedures as issued by the Ministry of Labour and based on UAE Federal Law No. 8 of 1980.

According to the article 128 of UAE Labour Law states:

Any non-national employee who absents himself from work without lawful reasons prior to the end of the contract for a limited period, may not take up employment elsewhere even with the consent of the employer for one year after the date on which he absented himself from duties. And no other employer who is aware of that may employ or keep such employee in his service during such period.

Please note that filing an escape report is an obligation
The time frame to report an absconding is 3 months term.
As a restriction, the employee can get ban preventing him to stay and work in UAE.
In accordance with Article 120 of Labour Law, absconding without informing or communicating with an employer for over 2 months, can cause a termination of an employee without notice:

An employer may dismiss a worker without notice if the worker absents from his work without a valid reason for more than 20 non-consecutive days, or more than 7 consecutive days in a year.

This has been said, the absconder can face preventive measures and can be arrested till the decision in his case.
The legal procedure to consider absconding case is an investigation and further court judgment.
Upon the judgment, the offender can be deported from the country with the following lifetime ban.

But,
An employee may cancel an absconding report if he can prove his presence at work while he was reported absconding,
Or has a valid proof for his confinement to the hospital or jail during that period.
Permit to get seek leave, medical report, confirmation of vacation can become a background to discharge absconding.
Existence of dispute between parties and registered complaint in the labour authority can effect the decision on runaway report in favor of employee.

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

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