This guide explains how to check absconding status using your Emirates ID or passport number in the easiest way possible.
In the UAE, 'absconding' means when someone leaves their job without notice and doesn't return. The rules about this are in Article 50 of the New Labor Law. If you're in this situation and don't know how to check absconding cases in the UAE or how to fix it, this guide will help. It will show you step by step what to do.
Understanding Absconded Status in the UAE
The term "absconding" in the UAE signifies leaving your job without permission, which goes against your employment rights and can lead to serious consequences. If identified as absconding, penalties such as fines, imprisonment, or even deportation may apply. It’s essential to know how to check absconding status online and understand your rights as an employee before taking any action.
Article 50 of the New UAE Labor Law - Unlawful Absence from Work
- If a foreign worker leaves their job without a valid reason before the contract ends, they won’t get another work permit in the country for a year from the date of the absence.
- No other employer is allowed to hire or keep the worker employed during that period if they are aware of the absence.
- An absconding report can only be filed after seven consecutive days of unauthorized absence.
To ensure you are fully informed, you can use various methods, such as a MOHRE absconding status check by passport number or Emirates ID, to verify your status.
Who Can Qualify to File an Absconding Case in the UAE?
Employers can file an absconding report against an employee who fails to report to work for seven consecutive days without a valid reason. They need to provide necessary documentation such as the employment contract, proof of unauthorized absence, and relevant communication records.
Exceptions to Absconding Reports:
- The employee is on approved leave or medical absence.
- Force majeure situations prevent the employee from returning.
- Employer files a false claim to avoid benefits payout.
- A legal case is already pending against the employer.
- The employee was terminated but the employer did not cancel the visa.
- Disputes between employer and employee leading to a false absconding report.
What Steps are Involved in Filing an Absconding Case?
- Gather Documentation: Ensure you have all necessary documents, including the employment contract and proof of absence.
- File a Complaint: Submit your case to the Ministry of Human Resources and Emiratisation (MOHRE) and follow their guidance.
- Check Absconding Status Online: Use platforms that provide a visa absconding check online or an absconding in UAE check to monitor your status.
- Seek Professional Assistance: Engage experts in UAE labor laws to simplify the process.
What legal consequences result from absconding in the UAE?
Absconding in the UAE can bring about various legal repercussions:
- Fines: Authorities can impose substantial financial penalties.
- Deportation: Risk of a permanent ban from re-entering the country upon detection.
- Imprisonment: Severe cases may lead to imprisonment for breaking labor laws.
- Employment Ban: Employees listed as absconders may face a work ban lasting up to one year.
To prevent these consequences:
- Follow proper notice periods when resigning.
- Resolve work issues through mediation or arbitration before they escalate.
- Regularly perform a UAE absconding check to stay informed about your status.
How to Check Absconding Status in UAE - Top 3 Methods
These methodical approaches offer a comprehensive way to perform an absconding check and potentially resolve your status within the UAE.
Method 1: UAE Absconding Check via MOHRE Website (Step-by-Step Guide)
1. Access the MOHRE Portal
- Visit the official Ministry of Human Resources and Emiratisation (MOHRE) website: https://eservices.mohre.gov.ae/tasheelweb
- Click on "Sign In/Register" at the top right corner.
2. Create or Log into Your MOHRE Account
- New Users: Click “Register” and complete the sign-up process.
- Existing Users: Log in with your MOHRE credentials.
3. Navigate to Absconding Case Status
- Under “My Services,” click on “Absconding Case Status.”
- Provide your passport number and Emirates ID accurately on the dedicated page.
4. Retrieve Your Absconding Status
- Submit the information and initiate the search by clicking “Search.”
- Your MOHRE absconding status check by passport number will display promptly on the screen.
Method 2: Strategic Police Station Visit
1. Legal and Documentation Preparations
- Confirm your case number at the police station and seek legal counsel if necessary.
- File an appeal or objection against any judgments if required.
2. Essential Documentation Gathering
- Prepare critical documents: original passport, visa/residence permit copies, employment contract, and relevant proofs related to the case.
3. Proactive Engagement at the Police Station
- Present your documents to aid in resolving your absconding case.
- Cooperate fully and follow instructions provided by law enforcement officers.
Method 3: Online Platform for Absconding Check
1. Accessing Emirates Smart Services
- Visit the official Emirates smart services website.
- Select “Individual Services” and proceed to sign in.
2. Personal Information Submission
- Enter your Emirates ID number to authenticate the validity of your file.
3. Efficient Status Retrieval
- Check your absconding status in the UAE after submitting the required personal details.
When Will the Ministry Reject an Absconding Case?
The Ministry will reject absconding complaints under the following circumstances:
- The employee is on break or vacation.
- Force majeure prevents work.
- Valid reasons hinder work ability.
- The complaint is unrelated to the employee’s absence.
- The employer files falsely to avoid paying benefits or block sponsorship.
- A legal case is already pending against the employer.
How can One Resolve an Absconding Case in the UAE and Seek Amnesty if Necessary?
To resolve an absconding case:
- Contact your employer: If an absconding report is mistakenly filed, request a withdrawal.
- Submit a Withdrawal Report: The employer needs to file a "Withdraw an Absconding Report" form with MOHRE.
- Legal Mediation: Approach labor courts or MOHRE for dispute resolution.
- Apply for Amnesty: If eligible, visit UAE Amnesty centers for guidance.
What are the Penalties for False Absconding Notices in the UAE?
Filing false absconding notices can lead to severe penalties:
- Fake Notice: If the notice is proven fake, the worker faces an indefinite work ban in the UAE. The company is fined AED 10,000 in addition to any existing penalties.
- Vexatious Notice: Employers issuing baseless or malicious absconding notices face a fine of AED 10,000.
How Long Does an Absconding Case Ban Typically Last in the UAE?
Absconding bans generally last up to 12 months, during which the individual cannot enter the UAE or seek employment. While the ban is temporary for first-time offenses, repeated absconding cases may lead to a permanent ban.
Will I Receive a Salary if I Abscond?
No, salaries are not provided from the day the employee is deemed to have absconded. However, employers are required to clear all dues, such as unpaid wages, up to the employee's last working day.
When is an Absconding Case Usually Lifted in the UAE?
An absconding case is typically lifted after completing these steps:
1. Address Pending Matters: Resolve financial, asset, and dispute issues with the former employer.
2. Obtain a No Objection Certificate (NOC): After settling matters, secure an NOC from the previous employer, stating no objections to the employee's departure or future employment.
For personalized assistance, seeking advice from a legal professional is recommended to navigate this process effectively.
FAQ - Absconding Cases in the UAE
How long will it take to resolve a UAE absconding case?
The duration varies depending on the circumstances. Consult a legal professional for guidance.
Are there penalties or fines for absconding status in the UAE?
Yes, fines and penalties apply and may impact future job prospects. Seek legal assistance to resolve the case.
Can an absconding case be cleared without a legal professional?
It’s possible but challenging. Professional guidance is recommended for effective resolution.
What documents are needed to clear an absconding case in the UAE?
Essential documents include termination proof and witness statements crucial for proving innocence and resolving the case.
Can an absconding case affect future employment in the UAE?
Yes, it can significantly impact career opportunities. Clear the issue promptly.
What steps can one take if wrongly accused of absconding in the UAE?
Gather evidence such as attendance records and employer communication. Seek legal advice to dispute the case.
Are there repercussions for employers who file false absconding cases in the UAE?
Employers may face fines and legal action. Employees can seek recourse for unjust accusations.
How to check absconding status in UAE?
Use MOHRE's official portal, visit a police station, or check via Emirates Smart Services.
Final Say
Understanding how to check absconding status in UAE online is crucial for protecting your career and legal standing. If you suspect an absconding case against you, act quickly by checking your status through the MOHRE portal, police stations, or Emirates Smart Services. If wrongly accused, seek legal assistance to clear your name and safeguard your future employment prospects.