ABSCONDING CASE in United Arab Emirates
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Ministry of Labour(MOHRE) website
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Tasheel website to apply withdrawal of Absconding
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In the United Arab Emirates,an employer may file an absconding complaint with the Ministry of Human Resources and Emiratisation (the ‘MOHRE’) if an employee is absent from work continuously for seven days without formally informing the employer. This is in accordance with Article 28 of the Cabinet Resolution No. 1 of 2022,
Once it is found true, the worker cannot seek employment by another employer for upto a period of 1 year from when the case was filed until or upto when the absconding case is lifted. In this video, we will look at What absconding is, How to check whether or not you have it and What to do upon finding out that it has been filled against you just make sure to Subscribe and click the bell icon and lets get started…..
Absconding is a criminal case and can lead to deportation by the absconder once found true, a travel ban may also be imposed on the absconder in such a scenario according to Article 18 of the UAE Immigration Law
But What is Absconding?
According to the English dictionary Abscond ing is to Depart secretly, to escape or run-away
What are the the different forms of absconding?
An absconding report could be filled against a tourist or visitor in the UAE who overstays past the grace period of their visitor visa. It is activated automatically by the immigration system or
Could be filled by the travel agency that issued the visit visa. Some visitor come to learn of the absconding cases only at the airport when exitting the country so it is important to always check your visa validity at all times and once it is expired , contact your issuing agency as soon as possible to avoid such cases
Can i exit the UAE with an absconding case?
Yes, you can leave the UAE with the absconding case but may face a travel ban for a lifetime ora given period of time as may be determined by GDRFA in Dubai or ICA in Abudhabi and other Emirates
How do i know whether or not i have an absconding case filled against me?
It can be done in 2 ways,
1. Through the GDRFA App for Dubai
or ICA App for Abudhabi and other emirates( I will leave a link in the description where you can download the apps for free)
Once you have downloaded and installed the application on your device, launch it and create an account head to menu- Individual services and fill in your details you will be able to view your file status once it indicates VIOLATED then most likely an absconding case has been filled against you
2). Alternatively you can contact a licensed legal practitioner in the UAE to check on tour behalf
What to do then?
Once you come to learn that an absconding case has been filled against you, the easiest way to have it lifted is
by approaching the 1) The travel agency that filled it and discuss the possibility of having it lifted for tourists or visitors
Approaching your sponsor -the one who filled it to discuss the possibility of having it lifted. If the sponsor is not willing to corperate then you have to seek legal services from legal practitioners licensed in that emirate where the case was filled
Alternatively you can approach the Ministry of Human Resources and Emiratisation
Article 7, Resolution 47 of 2022 provides that The Ministry may cancel the unexpected work abandonment complaint at the request of one or both parties to the relationship in the following cases:
1. If it is proven that seven (7) consecutive days have not passed since the last working day.
2. If it is proven that the worker is present at the workplace, or if the worker was on a legally prescribed leave.
3. With the consent of the employer to restore the labor relationship, provided that the establishment do exist and the employer undertakes to pay the fines due (if any) for not issuing or renewing the work permit.
4.
5. If the employer allows the worker to cease work or to search for another job opportunity.
6. If there is a legitimate reason for not reporting to work or any other reason in which the complaint is proven to be invalid. If you can prove beyond reasonable doubt that the the case was wrongfully filled, then the Ministry can have it lifted and in that case the sponsor will have to pay some fines
How can I approach the Ministry to apply for a cancellation request?
MOHRE has a toll-free hotline - 800 60 - which you can call to follow up on any complaints or transactions that you may have with the Ministry.
You can also send an email ask@mohre.gov.ae. Or call us 600590000.
Download the MOHRE Application and proceed to www.mohre.ae
In this part of the video i will answer some questions
4 окт 2024
