12Jun

An absconding case in UAE is a serious issue in the employment sector, with legal and financial consequences for both employers and employees. As of 2025, the Ministry of Human Resources and Emiratisation (MOHRE) has updated its policies to make the process more transparent and fair, while maintaining discipline in the labour market.

Whether you’re an employer dealing with a missing worker or an employee falsely accused of absconding, this guide will help you understand your rights, responsibilities, and the correct legal procedures under the UAE Labour Law.

Absconding Case in UAE HR and Legal Guide 2025

What Is an Absconding Case in UAE?

Absconding Case in UAE: An absconding case refers to when an employee leaves their job without informing the employer and is unreachable for a certain number of days. This is officially known as “unlawful absence from work”.

According to MOHRE:

  • 7 consecutive days of absence without valid reason can be considered absconding.

  • The employer has the right to report this to MOHRE or relevant authorities.

Common Reasons for Absconding

Absconding Case in UAE: While not all absconding cases are intentional, they can arise from several situations:

  • Unpaid salaries or contract disputes

  • Fear of termination or legal action

  • Misinformation about job change procedures

  • Personal or family emergencies

  • Overstay of visa after contract expiry

Regardless of the reason, absconding without notice is a legal violation in the UAE.

Legal Implications of an Absconding Case in UAE

For the Employee:

  • Ban from working in UAE for up to 1 year

  • Fines or imprisonment in serious cases

  • Visa cancellation and deportation

  • Loss of end-of-service benefits (gratuity)

For the Employer:

  • Responsibility for reporting the case to MOHRE within 10 working days

  • Required to cancel the work permit and document the incident

  • Risk of penalty or rejection if the case is misused (false absconding)

How Employers Can File an Absconding Case

Step-by-Step Process:

  1. Wait for 7 Consecutive Days of Absence

    • Ensure the employee has not reported to work without any official communication.

  2. Attempt to Contact the Employee

    • Send a written notice (email or WhatsApp with timestamp) asking the employee to return.

  3. Visit MOHRE or Use the MOHRE App

    • File an “Unlawful Absence Report” through the portal or in person at a Tasheel center.

  4. Submit Required Documents

    • Company trade license

    • Employee Emirates ID and passport copy

    • Labour contract

    • Proof of attempts to contact the employee

  5. MOHRE Processes the Case

    • A case number will be issued.

    • The work permit is suspended, and legal action may follow.

Can an Absconding Case Be Removed?

Absconding Case in UAE: Yes, under certain conditions. MOHRE allows for withdrawal of absconding reports in cases of:

  • Wrongful or false reporting

  • Mutual settlement between employee and employer

  • Employee returns with valid explanation (medical emergency, etc.)

In such cases, a request to cancel the absconding report must be submitted with supporting evidence.

What Employees Should Do if Wrongly Accused

1. Contact MOHRE Immediately

Visit a Tawafuq center or call 80060. Provide evidence that you did not abscond (e.g., medical reports, travel records, employer communication).

2. Submit Grievance

Log a complaint using the MOHRE app or website. You will be assigned a mediator to review your case.

3. Seek Legal Advice

If the case becomes serious or escalates to court, consult a labour lawyer to defend your rights.

Tips for HR Teams to Avoid Absconding Cases

  • Maintain updated contact details of all employees.

  • Document all communication related to leaves or performance warnings.

  • Use digital attendance systems to track absences accurately.

  • Educate new staff during orientation about legal implications of absconding.

  • Build a healthy work environment to minimize employee fear or confusion.

Frequently Asked Questions

Q: Can an employee leave a job without notice in UAE?

Only under resignation during probation or mutual contract termination. Otherwise, leaving without notice can be considered absconding.

Q: Can a company file absconding after visa cancellation?

No. Once the residency visa and work permit are cancelled, the employee is no longer bound by labour contract terms and cannot be reported for absconding.

Q: How long does an absconding ban last?

Generally 1 year, but may vary depending on case severity and legal judgments.

Q: What if the employee is outside UAE when reported?

The employee may be blocked from re-entering UAE unless the absconding report is withdrawn or resolved.

Absconding Case Sample Scenario

Case:

An Indian worker in a Sharjah cleaning company doesn’t show up for 10 days. HR attempts to call and email him, but there is no response.

Action:

The company visits the Tasheel center and files an Unlawful Absence case with MOHRE.

Outcome:

MOHRE suspends the worker’s labour file, and a 1-year ban is issued. The company is free to hire a replacement without legal liabilities.

Final Thoughts

Absconding Case in UAE: Handling an absconding case in UAE requires attention to detail, legal accuracy, and timely communication. Employers must follow the correct reporting procedures, and employees should avoid leaving their jobs without official clearance.

For employees, if you’re wrongly accused of absconding, know that you have the right to appeal, prove your case, and seek justice. For HR teams and business owners, prevent absconding by maintaining healthy employee relations and ensuring everyone understands the rules.

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