Incase of fake abscond reporting, employer shall pay Dh10,000 penalty and company file will be banned from transaction.
It has to be noted that there might be a fine of Dh10,000 imposed upon the company. As general rule, there are two situations where the absconding report may be canceled either by an employer or by employee:
By employer: An employer may cancel an absconding report if he gives an approval that there was an error in the absconding report. For example, the name included was wrong or the employee was hospitalized or was imprisoned and was consequently absent from work without information.
By employee: An employee may cancel an absconding report if he can prove his presence at work while he was reported absconding, or has a valid proof for his confinement to the hospital or jail during that period.
Furthermore, if an employer submits the report, he has to provide the authorized signature keeping in view that the following fine may be imposed in case of fake or conspired absconding report:
However, in case of false report , if there is proof that the employee had not been working in the company for the last three months or more and instead was working with another company holding the visa of the old company, the employee may be given a one-year ban even if the report is cancelled. In case it is established that the institution/company from which the employee was reported absconding is non-existent, then, the absconding report will not be cancelled. In such an event, the employer will be fined Dh10,000 and all his firms will be blacklisted. (KT)
As per the Ministry of Human Resources and Emiratisation (Ministry of Labour) rules the employer has no right to file an absconder complaint against any employee on annual leave or outside the UAE.
Q: Six months ago I went on vacation to my home country and did not return to the UAE. Will this affect me in case I want to come back after six months to work for another company? Can my employer file an absconder complaint at the Ministry of Labour? Someone told me that an employer can file a complaint even if the employee is not in the country.
A: Abscond reporting is not possible while the employee is out of UAE. Ministry of Labor will ask personal file print of the employee from Immigration to verify whether the employee is inside or outside of the country. If the report shows that the person is out of UAE, the Ministry will not accept the abscond complaint. But the employee will get a ban for one year in case the employer requests this during cancellation of the employee's labor card and visa after six months.
Q: I didn't get salary for last three months. My company is insisting me to take unpaid leave.But I fear they will file absconder complaint against me after I take leave. What should I do in this situation?
A: You should file a complaint in the Ministry of Labor if your salary is delayed for two months or more. Insisting for taking unpaid leave is against the law. The employer is obliged to pay the worker's salary as long as such a worker is on the employer's sponsorship even if no work has been assigned. You should ask the sponsor to give you notice of unpaid leave in writing. Then only you can defend yourself in case the sponsor files an absconder complaint against you.
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