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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

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الأسئلة المجابة 16156 | نسبة الرضا 97.8%

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What happened if the employee has end of contact...

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What happened if the employee has end of contact and she didn't go back to her country she stay longer here in UAE with out visa?

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.6%

According to the UAE Labor Law, the person who has the right to file absconding report in the Labor Office and the ban is the employer\sponsor.

The employee may have the right to be absent from work, but he must inform his employer before he do this,
But if the employee is absent for more that 7 consecutive days then you can file Absconding report with Ministry of Labour.
As mentioned in the Ministerial Resolution No. (721) for 2006 of Federal Law No. 8 of 1980 on Escape Report Procedures.

Absconding essentially refers to situations where employees don't turn up for work for seven or more consecutive days, or more than twenty non-consecutive days (in one year) without informing the employer (Article 120). 

Article 120

An employer may dismiss a worker without notice if and only if the worker:

  1. Assumes a false identity or nationality or submits forged certificates or

documents.

  1. Is engaged on probation and is dismissed during or at the end of the

probationary period;

  1. commits a fault resulting in substantial material loss to the employer,

provided that the latter notifies the labour department of the incident within

48 hours of his becoming aware of its occurrence;

  1. disobeys instructions on the safety of work or workplace, provided that such

instructions are in writing and posted at a conspicuous place and are

communicated verbally to the worker, in case he is illiterate;

  1. defaults on his basic duties under the contract and fails to redress such default

despite a written interrogation and a warning that he will be dismissed if such

default is repeated;

  1. is finally convicted by a competent court of a crime against honour, honesty or

public morals

  1. reveals any confidential information of his employer;
  2. is found in a state of drunkenness or under the influence of a narcotic drug

during working hours;

  1. assaults the employer, the manager in charge or any of his workmates during

working hours; or

  1. absents himself from work without a valid reason for more than 20 non-successive days in one single year, or for more than seven successive days.

Article 128 also states that in limited contract cases, if absconding has been reported by an employer, the employee cannot work in the country for a year from the time of reporting. No employer is allowed to hire or retain this person legally during this period either. 

Employers are given three months' time to report absconding cases and if proven MOHRE could impose a one-year labour and/or immigration ban on the employee.

The employee also has a chance to prove he wasn't absconding in such cases.

In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.8%

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