Absconding means leaving secretly and quickly from a place or a job without a reason. All of a sudden if an individual leaves a place due to various reasons including prosecutions, arrest, summons, or any other legal process or a course of action by a creditor. The employee may try to escape from the arrest or the police custody.
Under the UAE law, a person is absconding if he fails to appear in the workplace for more than 1 week or 7 days consecutively. This is done without a valid reason. As per the UAE Labor law, this means that the employee has gone AWOL meaning absent without leave.
The absence of reporting from the workplace for over 7 days in a year without any valid reason can lead to legal action. This can be termed as absconding and under this, the employer has a full right to take any action against his employee. This is done without a valid reason or without discussing it with the employee or the immediate subordinate or reporting line.
On the contrary, if an employer has reported absconding in bad faith. He is liable to pay AED 10,000 which is the penalty for false reporting. Moreover, if an employer fakes the absconding he can also face a ban from operating in the UAE.
The rules are very strict under it and as discussed earlier they have to pay AED 10,000 along with the possibility of facing a company’s closure or a complete shutdown. The employer needs to be extra cautious yet careful while doing so. If the employer is absent himself from the workplace, he must ensure every aspect before proceeding further with such an action.
Moreover, the medical reasons must also be scrutinized under this scenario. There must be a reporting of the absences to the company according to the right channel of communication. Normally the communication should be in written form to make it a document and thus it is also one of the proofs.
The Employer may dismiss the employees without giving a prior notice following the absence of successive seven days during a single year. If the employee has a valid reason for the failure the reporting to the employer that under such conditions absconding must not be affected.
An Absconding report is often submitted to the employers. Therefore, to file for the absconding report, the employer enquiries to open a labor complaint against the employee. The requisites for filing the complaints will be thoroughly scrutinized to check for the validity of the conditions. If the conditions are unmatchable then the complaint shall be withdrawn. Furthermore, the employer is also held responsible to deposit approximately AED 3000 for filing such a complaint.
Labor and Employment Lawyers
Usually, Labor and Employment Lawyers are hired by Full-Service Law Firms to remove absconding or immigration ban matters. Even the Labor Ban matters or cases are fixed by the Labor and Employment Advocates. Search the best Emirati Labor and Employment Lawyers in Dubai for reliable and quick service.
These Labor and Employment Lawyers are also called Unfair Dismissal Lawyers, Unpaid Salary Lawyers, Gratuity Lawyers, Immigration Lawyers etc. These names are given to them due to their multiple roles. These names are given to them due to their contribution. Therefore, the UAE Labor Law Advocates and Legal Consultants have a special image and name in the market.
Recently UAE Labor Law was amended and it came into execution in Feb 2022. A major part of the UAE Labour Law has been revised. Companies and people too are keen to learn about UAE Labour Law. Nowadays the value of these Labor and Employment Lawyers, especially the Labor and Employment Lawyers in Dubai, have increased. A large number of consultations are being booked and these Advocates are being hired to grab the expert advice, review the OLD Employment Law Agreements, to review old business employment policies.
Once again, the Emirati Lawyers are playing their role and duty above all. These lawyers are offering consultations without any time restrictions at very affordable prices. These Advocates and Legal Consultants are helping especially the businesses in Dubai and UAE, to understand the new law, its effects, its implementations, its results and its future consequences. It is the new Labour Law UAE, neither in the favor of employers nor employees. But it is made while keeping the pandemics and emergencies in mind. An amazing credit goes to the UAE Government and Dubai Government.
Dubai Labour and Employment Lawyers have a special name in making the UAE Labour Law for the first time in 1980. Dubai Labour and Employment Lawyers again have a special name in revising the UAE Labour Law in 2022. A phenomenal job is performed by these Emirati Advocates and Legal Consultants. They helped a lot to conduct the research, analyze the situations, get prepared for the emergencies, secure the interests of employers and employees, and give a final shape.
The new law is in better shape than before for supporting employers and employees. Now the employee has more flexibility than before. The employer has better support than before. MOHRE is better operational than before. Quick results and judiciary are faster than before. All such steps are taken to support the people and businesses having an interest in UAE, so they could accomplish their objectives and grow. If you want to find out more about this, you can check askthelaw.ae