Employee may face Ban if Fail to rejoin work after Annual Leave

uae ban, visa ban in uae, uae absconding persons list, absconding case in uae,

It is important to know when an employee (worker) fails to return to work after annual leave without
giving proper notice which must be through email or written message (for record), their name to be
marked in UAE absconding persons list (they can be marked as absconder) because if you did not
return to work, you are in breach of your employment contract.



Article 120 of UAE Labour Law states:
“The employer may dismiss the worker without prior notice in any of the following cases:
Should he be absent without valid cause for more than 20 non-consecutive days in one year,
or for more than seven consecutive days.”

No End of Service Benefits:
As per UAE Labour Law, Article 139, “The worker shall be deprived of his end-of-service gratuity
in the following two cases:
Should he be dismissed from service for any of the reasons set forth in Article 120 hereof,
or should he leave his employment in view of avoiding the dismissal therefrom in accordance with the said Article.”
This confirms that you are not entitled to an end of service gratuity for your precious time with
the company, as it is forfeited due to the circumstances of his unauthorized departure.

You can be fired for taking unauthorized leaves in UAE.
Federal law no. 8 of 1980 regulating employment relations in the UAE (the 'Employment Law').
“An employer may, at its discretion, grant emergency leave. An employer can terminate an employee
without notice if he avails unauthorized leave without a valid reason.

Further, an employee shall lose his remuneration in the event he does not join the employment
immediately after his leave.
This is in accordance with article 89 of the Employment Law, which states:
"Subject to the provisions of this law, any employee who fails to resume work immediately after the
expiry of his leave shall automatically forfeit his remuneration for the period of his absence, with effect
from the day following that on which the leave expires."

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Absconding case in UAE cannot be register if employee is out of UAE:
Complaining for absconding case in UAE is not possible while the employee is out of UAE.
Ministry of Labour will ask personal file print of the employee (worker) from Immigration to verify
whether the employee is inside or outside UAE.

If the report shows that the person is out of the country, Ministry will not accept absconding case and
worker name cannot be enter in UAE absconding persons list.



Can Employer ban employee to enter UAE:
Yes the employee will get a uae ban for one year which is also known as labour ban in UAE in case
the employer (company) requests this during cancellation of the employee labour card and visa
after 6 months.

2 comments:

  1. Hello,
    Right now im in india last 2months but i already informed to my Hr for what purpose i stay back in my country ... My concern is my company can put absconding case on me? if yes then that will gonna effect to my wife her visa is in my sponsorship and she is still in UAE and working.

    ReplyDelete
  2. Good morning Sir /madam I'm here in Philippines i went to work there in UAE as a housemaid then I got a problem about my medical to reason my employer cancel my visa and during that time my visa is cancelled I'll never know about it that it's already cancelled then I had a over stay there to reason I've got penalty so I pay my penalty in imigration during my flight day so now my question is what's the meaning of it? ( Non renewal fasten residence penalty humanitarian case ) cuz I saw it to the stamps which imigration put in my receipt hopefully would you reply me shukran....

    ReplyDelete

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