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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Lawyer
if the employee left the country (absconding)...
if the employee left the country (absconding) without cancelling his/her visa.
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if the employee left the country without enabling the company to cancel the labor contract and the residency visa in this case he will be considered as absconded.what are the procedures to be done in this case concerning his last monthly salary and his/her EOS benefits
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that if the employee left the country without canceling his visa and the expiry of his work contract without legal justification, you must register an absconding report against him so that you will not be subject to legal liability
You can register a report of absenteeism through the following link:
As for the wages due, this is the right of the worker, which you must hand over to him when you demand it
As for the worker's position in the company, if the worker is absent for seven consecutive days from work, you can terminate his work contract without the need for any notice or compensation for an unfair dismissal
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.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. 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;
4. 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;
5. 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;
6. is finally convicted by a competent court of a crime against honour, honesty or public morals
7. reveals any confidential information of his employer;
8. is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. assaults the employer, the manager in charge or any of his workmates during working hours; or
10. 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
A non-National worker, who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.
Article 181 repeated of the Federal Labor Law:
1- Subject to the provisions contained in the Law on Entry and Residence of Foreigners, and without prejudice to any stricter penalty stipulated in any other law, a fine of (50,000) fifty thousand dirhams shall be imposed:
A- Whoever employs a foreigner subject to the provisions of the Labor Law, without obtaining a work permit.
B - Anyone who closed an establishment or stopped its activities without regularizing the conditions of his sponsored persons.
2- The penalty shall be imprisonment and a fine of fifty thousand dirhams in the event of a repeat commission of any of the crimes stipulated in this article.
3- The sponsor who reports the escape of the sponsored person shall indemnify the sum of five thousand dirhams, a deduction from the amount of the adjudged fine, and the value of the sponsored travel ticket shall be deducted from the amount of the fine.
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
- 100% ضمان الرضا
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