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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

Lawyer

I have absconding from company

تم تقييم هذه الإجابة:
I have absconding from company

إطرح سؤالك

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that

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.

الرد من العميل

My company did not inform me and they make absconding I went vacation march 18 and back 14 July I driver taxi 2 days no work because covid finish they stop my car and when I went back to request give me car back my owner behaviour not good he to me to cut your beard and come back so I feel sad and I didn't went to company for 5 months when I found another job I went to give resign they told me u have absconding

الرد من العميل

In between this 5 months I went 1 time with resign they told me u have to pay fines 5000 dirham I told them I dont have money to pay and calculate detuct from my gratuity they told me go no gratuity for you I work hard 3 years as a cars taxi company can driver owner owner show that he is a big in this all world he dont listen worker and I have basic salary 300 monthly I didn't receive that continue for 3 years

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%


Also,
Please note that an arbitrary or unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons.

And according to Article 122 of the UAE Labour Law, arbitrary termination of an employee happens when an employee is fired for reasons not related to work performance, or when the employee files a valid complaint against an employer, which made the latter terminate him maliciously.

In article 120 of the UAE Labour lays out the reasons for which termination without notice is lawful.

If you believe that you have been dismissed illegally, you can complain to Ministry of Human Resources and Emiratisation, wich will try to solve the issue in an amicable way.

In case that an amicable settlement is not reached, then they will transfer the case to the respective court.

As per Article 123 of the UAE Labour Law, if arbitrary dismissal is proven, the court will order the employer to pay you a compensation. Still the amount of compensation must not exceed the wage for a period of three months, plus you can claim your gratuity, notice period dues or any other unpaid dues entitled from your employer.

الرد من العميل

Thnx a lot brother

الرد من العميل

So I have to go ministry of human resource?

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.6%

Yes, as mentionned above, you have to go to the MoHR.

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

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