Absconding in the UAE literally means if an employee stays for more than seven consecutive days without a valid reason, or if the employee doesn’t inform their employer about their absence, and when suspected, the employer has the legal right to file an absconding report with the Ministry of Human Resources and Emiratisation (MOHRE).
If you are marked as absconding, your penalty can be very severe, including deportation with ban to re enter UAE for a period of time as well as fines for labor law violation and blacklisting that can hinder future chance of employment in the country. In view of these serious repercussions, expatriates therefore should frequently do a check of their absconding status and take necessary steps if there is any problem.
How to Check Absconding Status Online in UAE
This is thanks to the digitalization of services that have made it easy to check your absconding status online via MOHRE’s official portal. Below is a step-by-step guide on how to check your absconding status:
- Visit the MOHRE Website: Go to the official website of the Ministry of Human Resources and Emiratisation at https://eservices.mohre.gov.ae.
- Login or Create an Account:
- If you have an account already login with your credentials.
- If you don’t have an account, you will need to create one. This means you’ll have to share personal details such as Emirates ID, passport number, etc.
- Navigate to the “Absconding Case Status” Section:
- Log in and go to “My Services” tab and choose “Absconding Case Status.”
- To find your status, we ask you to enter either your passport number or Emirates ID number.
- Submit Your Details:
- Enter the requested information and click the “Search” button to see your absconding status.
- On the screen, the status will be displayed if you employer have filed absconding case against you.
- What to Do If an Absconding Case Is Found: Find out that you have been marked as absconding – take immediate action (see later sections).
Because the process is online, it’s easy and convenient for expatriates to check their absconding status, without the need to go to government offices.
What Happens if You Are Marked as Absconding
If you are found to have an absconding case filed against you, the consequences can be severe and include:
- Labor Card Cancellation: You may have your employment visa canceled.
- Fines and Penalties: Break labor laws and you could be hit with hefty fines.
- Deportation: If this case is upheld you may be deported from the UAE.
- Imprisonment: There are instances where imprisonment is possible – if going AWOL is combined with some kind of a criminal offense or you violate other laws.
Also, the employers can file false absconding reports to avoid paying end of service benefits or some other reasons. In case you feel that your employer has wrongly filed an absconding case against you, you need to act fast.
However, being marked as absconding has other serious consequences too, and also, when you leave your job, it affects your compensation rights. You can read more about how termination compensation works in the UAE by looking at our guide.
What to Do If You Are Wrongfully Accused of Absconding
If you believe you’ve been falsely accused of absconding, here are the steps you should follow:
- Contact Your Employer: First, try to work out the problem directly with your employer. Sometimes, there can be misunderstandings or miscommunications about where you are or why you’re not there and this can get reported incorrectly but that may be cleared up with a simple discussion.
- Gather Evidence: Gather up any supporting documents that will illustrate you were absent because of reasonable reasons. This might include:
- Medical certificates
- Emails or letters from your employer, your colleagues.
- Attendance records
If you need to escalate the matter, these documents will help you.
- Seek Legal Assistance: If your employer still won’t solve the problem, then you should consult with a UAE labor law lawyer. They can assist you in filing the complaint to the MOHRE and helping you to go legally.
- File a Complaint with MOHRE: If your employer is not responsive to your communication with them, you should file a formal complaint with MOHRE. The case will be investigated and will be resolved by the ministry.
Being an employee or you are planning to start your business in the UAE, it is important to have a good understanding of the legal frameworks for managing employees in the UAE. Check out our step-by-step guide to Setting Up Your UAE Business.
Consequences of Being Found Guilty of Absconding
If the absconding case is upheld, you may face significant penalties, such as:
- One-Year Work Ban: You could be prevented from working in the UAE for a year.
- Permanent Work Ban: In the worst case, you may be banned permanently from ever being able to work in the UAE again.
- Deportation: You could be banned from re entering the country for a set period and deported from the UAE.
The consequences of this can be devastating to your ability to continue your career in the UAE and so you need to address the problem as quickly as possible.
How to Remove Absconding Status
If you’ve been wrongfully marked as absconding, the process to clear your name involves the following steps:
Requesting Employer to Withdraw the Absconding Report
- Talk to Your Employer: If they also agree that the absconding report is in error, they can ask MOHRE to cancel the case.
- Employer’s Role: The request will be made by your employer to MOHRE and the case will be reviewed for cancellation.
Taking Legal Action
- Seek Legal Help: Whenever an employer refuses to withdraw the absconding report from the record, move a step ahead and look into hiring a lawyer to defend your case. You can go to legal experts to help you get all the evidence you need, making complaints and assuring that your rights are protected.
- Court Hearings: In the case when the matter escalates, you might have to go to the courts. It can take weeks if not months, based on the complexity of the case.
For expatriates working in UAE, checking your absconding status online through the MOHRE website is an important step. If you have been marked as absconding, then it’s very important that you deal with the matter quickly and provide evidence to your employer and if possible your lawyer.
However, you can avoid such penalties, protecting your rights if you proceed fast on it. If you understand how the legal process works, you’ll be able to use the resources available and get any issues around your absconding status dealt with, meaning you can get back to work and living your life in the UAE without any hassle.