Dubai: Missing work without informing your employer can have serious consequences in the UAE, as the UAE Labour Law has provisions in place to protect the rights of employers against unexpected absence from work.If you miss work for more than seven consecutive days, for example, your employer is legally entitled to file a case with the Ministry of Human Resources and Emiratisation (MOHRE). This report is often referred to as an ‘absconding report’, even though the legal term for such reports is ‘unexpected work abandonment’ or ‘absence from work’.Here is all you need to know about what an ‘absconding report’ means, and the legal consequences it entails.What is an absconding report?If a worker fails to report to work for more than seven consecutive days, without informing his or her employer, and the employer has no way of communicating with the worker, the company can file a report with the Ministry of Human Resources and Emiratisation (MOHRE) to report an ‘unlawful absence from work’.Once the case is investigated by the Ministry, if the report is found to be valid, the employee’s work permit is automatically cancelled and he or she may also be unable to get another work permit issued for a one-year period.Article 50 of the UAE Labour Law – Federal Decree-Law No. 33 of 2021 – also states that it is not permissible for any other UAE employer to employ such a worker or keep him or her in their service during the one-year period.What is the process of filing an absconding report?Employers can file a complaint with MOHRE directly, through an online service, by following these steps:Visit the labour complaint service page: https://mohre.gov.ae/en/services/filing-a-labor-complaint-absence-from-work-2022Log in using your establishment details.Provide details of the employee concerned, as well as the dates of the employee’s absence from work.Submit the complaint after completing the verification process for establishment representatives.Once the complaint is filed, a Ministry official will examine the complaint and the outcome of the investigation will be communicated to the employer.In case the report is found to be valid, the employee’s work permit will automatically be cancelled and in some cases, he or she may be unable to receive another work permit in the UAE for a period of one year.Cases when an absconding report is not considered to be validArticle 7 of Ministerial Resolution No. 47 of 2022 ‘Regarding the settlement of labour disputes and complaints procedures’ notes that the Ministry may cancel the unexpected work abandonment complaint at the request of the employer or employee in the following cases:If it is proven that seven consecutive days have not passed since the employee’s last working day or from the end of his or her leave or in cases of absence due to legitimate reasons.If it is proven that the worker is present at the workplace, or if the worker was on a legally prescribed leave, whether the employer is aware of that or not at the time of registering the complaint.With the consent of the employer to restore the labour relationship, provided that the company is still operational and the employer agrees to pay any fines resulting from the failure to issue or renew the worker’s work permit.If the employer and worker had agreed to end the employment relationship, or the employer had allowed the worker to stop working or look for another job.If the worker had a legitimate reason for being absent, or the report is otherwise proven to be invalid.There are also certain cases where an employee is legally entitled to leave work without notice, as per Article 45 of the UAE Labour Law. These include:Situations when an employer has breached his or her obligations towards the worker stipulated in the contract or as per the UAE Labour Law and its implementing regulations. However, in such cases, the worker is required to notify the Ministry 14 days before the date of leaving. The worker is entitled to leave without notice if the employer fails to correct the breach despite being notified by the Ministry.Cases of proven assault, violence or harassment against the worker by the employer or the company’s legal representative. In such cases, the employee is required to inform the competent authorities and the Ministry within five working days from the date on which he or she was able to report.Situations where there is a grave danger at the workplace that threatens the worker’s safety or health, provided that the employer is aware of its existence and does not take any actions that to rectify it.If the employer asks the worker to perform duties that are fundamentally different from those agreed upon in the employment contract, without obtaining the worker’s written consent—except in cases of necessity permitted under Article 12 of the Labour Law.Employees can also contest an absconding report filed against them, if it falls under any of the situations listed above, by submitting their complaint online: https://www.mohre.gov.ae/en/services/cancellation-of-an-absence-from-work-complaint-absconding-report-2022When a one-year work permit ban may not be implementedIn certain cases where an absconding report may be considered valid, the Ministry may rule against applying a one-year work permit restriction. Article 28 (2) of Cabinet Resolution No. 1 of 2022 notes the following exceptions:Workers who are living in the UAE on a family visa.Workers applying for a permit with the same establishment.Workers possessing skills, professions or knowledge needed by the UAE.Golden Visa holders.Other professional categories identified by either MOHRE or the UAE Cabinet, according to the UAE’s labour-market needs.
