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.

3 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
  3. [9/3, 9:45 PM] Suhani Alshan: Now I have one problem
    [9/3, 9:57 PM] Suhani Alshan: I came to Dubai 10 months ago
    [9/3, 9:57 PM] Suhani Alshan: And I had another lady who brought me here, I came to Dubai for the first time
    [9/3, 9:58 PM] Suhani Alshan: But that lady had given my passport inside the agency, I did not know what agency she is. I came to know later when taking me for housemaid from there.
    [9/3, 9:58 PM] Suhani Alshan: I came for my saloon job because I used to do all the saloon work so I came on a visit visa
    [9/3, 9:59 PM] Suhani Alshan: Then I worked there for 6 months in Sharjah's house, but I was not working in Ramadan, then I refused those people to send me back to India, then they refused that we will be back after 2 years.
    [9/3, 9:59 PM] Suhani Alshan: He told me that we will send you back only after 2 years, now I have to do the same work for 2 years, after that I ran away from there and after that I stayed here because I have you
    [9/3, 9:59 PM] Suhani Alshan: No not overstay
    [9/3, 9:59 PM] Suhani Alshan: I runaway there house
    [9/3, 10:00 PM] Suhani Alshan: After that, it has been 3 months since I have run away from there, so I need your attention what should I do that I will not be able to go through the black list because you ran away from there.
    [9/3, 10:01 PM] Suhani Alshan: After that I had called my husband that if you come to take a tear, then he came there, he searched his job again, then his job has been taken but I want to go back to India because I do not have passport.
    [9/3, 10:01 PM] Suhani Alshan: Now you tell me that if I go back to India, I do not have a black list, what will I have to do for it, but I was fraudulent if it happened
    [9/3, 10:03 PM] Suhani Alshan: How to check because I m very afraid
    [9/3, 10:03 PM] Suhani Alshan: Now
    [9/3, 10:03 PM] Suhani Alshan: No go outside
    [9/3, 10:04 PM] Suhani Alshan: No come amnesty rules and other options
    [9/3, 10:05 PM] Suhani Alshan: If you have any of their number or number of immigration, then you give me what I can find out the details from them on the call or after going there, then they will blacklist me.i don't want to blacklist plz I request some help

    ReplyDelete

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