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Absconding case & UAE ban (Important Article)

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Below Questions answers will guide you through full Absconding process:
Please feel free to ask Your Questions in Comment Box.

What if employee does not return after vacation, will he be treated as an absconder?
Before proceeding to article, please note that, if you are going to exit country without informing Company, or you are out of service for a company and have not informed them within 1 week or more, you are doing illegal act and this offense will cost you for whole life. So please be careful.
Furthermore, As an Employee, I think this is totally ignorant, impolite and unprofessional-ism that not to inform or notify an employer (company) of your intentions and plans.
Any employee who goes on holiday and does not return, especially if they do not even let their employer know, will be treated as an absconder (Run-away).
All matters relating to absconding employees are covered in Ministerial Resolution No (721) for 2006 of Federal Law No 8 of 1980 titled Escape Report Procedures as issued by the Ministry of Labour of United Arab Emirates.

What if someone is Leaving Job without Notice Period?
If no notice is given for ending employment, an employer (company or sponsor) can file a complaint against you, if you are absent for 7 days or more without notice or permission.
The Ministry of Labour can then cancel your employment visa and impose a ban on you. Please note that any employee in this situation can be banned from working in all states of UAE in accordance with Article 128 of UAE Labour Law which states:
 "Any non-national employee who absents himself from work without lawful reasons prior to the end of the contract for a limited period, may not take up employment elsewhere even with the consent of the employer for one year after the date on which he absented himself from duties. And no other employer who is aware of that may employ or keep such employee in his service during such period".

Can I apply for New Visa, if my previous employer file a complaint against me?
No, if any ban case is still in force, all new applications for a new visa will be rejected by Ministry of Labour or by General Directorate of Residency and Foreign Affairs.

Is above Rule is for both, Limited Term Contracts and Unlimited Term Contracts?
Yes, if an employee (worker), whether employed on a limited term contract or unlimited term contract, has left the country upon stamping of employment visa sponsored by the employer and has not been reporting to duty or communicating for over 2 months, he can be terminated in accordance with Article 120 of the UAE Labor Law. 
Article 12 of the law states: 

"An employer may dismiss a worker without notice if the worker absents from his work without a valid reason for more than 20 non-consecutive days, or more than seven consecutive days in a year."


What if Passport is with me, can Company cancel my visa?
Yes, the employer may cancel the visa in the absence of an employee (worker) without the passport upon filing an absconding case against such employee.
Point to be noted that an employer may file an absconding case against you in accordance with Article 1 of Ministerial Resolution No. 721 of 2006 on escape report procedures which states:

"An escape report is applied on the case of the worker who has stopped working for more than seven consecutive days if the employer pledged that he does not know his whereabouts or has a legitimate reason for his absence in accordance with the provisions of this Ministerial Resolution."


Can I face life time ban if my company file complaint against me?

As per Ministry of Labour and the General Directorate of Residency and Foreign Affairs in accordance to Article 11 of the aforementioned Ministerial Resolution: "Any worker whose work relation ends in escape and against whom a final escape circular is issued, shall be permanently deprived from working in the state in accordance with the provisions of this resolution."

So, there is a life-time ban and it may be imposed on you by the 'Ministry of Labour and or the General Directorate of Residency and Foreigners Affairs, you cannot enter any state of UAE once you got life time ban.

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2 comments:

  1. Dear Team,

    I have deported by immigration due to false absconding case by the company manager.. Now 6 years gone.. I have approached the sponsor of the company.. But he told that he doesn't know about this issue.. He said it was happened without his knowledge.. He is ready to help me in this regard.. How can I proceed to remove the ban..

    ReplyDelete
  2. Dear Sir,

    This is Manish Kumar. I left Dubai in June 2011 without visa cancellation (came to India on vocations but could not go back). My visa expired on may 2013. Now i want to apply for job in Dubai. I checked inquiry about GDRFA-D, it shows THE RESIDENCE IS INVALID........!!

    Has my visa cancelled ?

    This is my humble request to you, Please check and advice what should i do if it is not cancelled ?

    My passport no - G1821059 and I have also renewed my passport before 6 months and my new passport no - N7254298
    Entry permit No - 20120082208759.
    Date of birth 30-oct-1984
    Nationality - Indian
    UID No - 72765331.

    Thanks and Regards
    Manish

    ReplyDelete

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