How to Check Absconding Status in UAE Online [ 2024 ]

How to Check Absconded Status in UAE - Methods, Fines, and More Explained

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 if you're labeled as absconded or how to fix it, this guide will help. It'll show you step by step what to do.

Let’s get started!

Table of Contents

1. Understanding Absconded Status in the UAE

2. Qualifying for Filing an Absconding Case

3. Steps to File an Absconding Case

4. Legal Consequences of Absconding

5. How to Check Absconding Status in UAE - Top 3 Methods

• Method 1: MOHRE Website Access

• Method 2: Strategic Police Station Visit

• Method 3: Technologically Enabled Online Platform

6. When will the Ministry Reject an Absconding Case?

7. Resolving an Absconding Case and Seeking Amnesty

8. Penalties for False Absconding Notices in the UAE

9. Absconding Case Ban Duration 

10. FAQ - Absconding Cases in the UAE

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 crucial to grasp your rights as an employee in such a situation and fully comprehend the implications before taking any action.

Article 50 of the New UAE labor law covers guidance on "Unlawful Absence from Work." According to the law, "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." Additionally, "No other employer is allowed to hire or keep the worker employed during that period if they are aware of the absence."

Who Can Qualify to File an Absconding Case in the UAE?

Individuals with unauthorized work absences or employers who vanish without meeting work agreements are eligible to lodge an absconding case. They need essential documents such as the employment contract, proof of unauthorized absence, and relevant communication.

What Steps are Involved in Filing an Absconding Case?

Begin by gathering necessary documentation. Then, file a complaint with the Ministry of Human Resources and Emiratisation. Follow their instructions on the legal procedures for a smooth resolution. Seeking professional assistance can simplify this intricate 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.

To prevent these consequences:

• Follow proper notice periods when resigning.

• Resolve work issues through mediation or arbitration before they become severe.

How to Check Absconding Status in UAE - Top 3 Methods

These methodical approaches offer a comprehensive way to check and potentially resolve your absconding status within the UAE.

Method 1: Streamlined MOHRE Website Access

1. Accessing MOHRE's Efficient Portal

• Navigate to the Ministry of Human Resources and Emiratisation (MOHRE) via this direct link: https://eservices.mohre.gov.ae/tasheelweb

• Click on the “Sign In/Register” button placed at the upper right corner

2. Account Creation or Sign-in

• For new users, opt for “Register” to establish a MOHRE account.

• Log in using your credentials and proceed to the “My Services” tab.

3. Absconding Case Status Inquiry

• Under the “My Services,” find and click on “Absconding Case Status.”

• Provide your passport and Emirates ID accurately on the dedicated page.

4. Swift Status Retrieval

• Submit the information and initiate the search by clicking “Search.”

• Your absconding case status will promptly display 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 crucial documents: original passport, visa/residence permit copies, employment contract, and relevant case-related proofs.

3. Proactive Engagement at the Police Station

• Present your documents to aid in resolving your absconding status.

• Maintain full cooperation and adhere to instructions from the law enforcement officers.

Method 3: Technologically Enabled Online Platform

1. Accessing Emirates Smart Services

• Visit the official Emirates smart services website.

• Go with the “Individual Services” and proceed with signing in.

2. Personal Information Submission

• Fill in your Emirates ID number to authenticate file validity.

3. Efficient Status Retrieval

• Access your file status promptly after submitting the required personal information.

When Will the Ministry Reject an Absconding Case?

The Ministry will not accept absconding complaints if:

1. The employee is on break or vacation.

2. Force majeure prevents work.

3. Valid reasons hinder work ability.

4. The company files for reasons unrelated to the employee going missing.

5. The employer falsely files to avoid paying benefits or block sponsorship transfer.

6. A pending case against the employer while they file an absconding complaint.

How can One Resolve an Absconding Case in the UAE and Seek Amnesty if Necessary?

To resolve an absconding case:

1. You need to fill and sign the "Withdraw an Absconding Report" form.

2. Submit the form to the Labour Relations Section and arrange a meeting involving both parties and a Legal Researcher.

For seeking amnesty:

1. Contact your embassy/consulate for guidance.

2. Proceed to the UAE government's amnesty center to complete necessary procedures for returning to your home country.

What are the Penalties for False Absconding Notices in the UAE?

Penalties for:

• Fake Notice: Worker faces an indefinite work bar in the UAE, while the company is charged a 10,000 AED fee alongside existing fines.

• Vexatious Notice: The employer faces a fine of AED 10,000 if proven to have sent a vexatious or fake absconding notice.

How Long Does an Absconding Case Ban Typically Last in the UAE?

Absconding bans usually extend up to 12 months, barring the individual from entering the UAE or seeking employment within the country. While absconding bans aren't initially permanent, repeated instances may lead to a permanent ban.

Will I Receive a Salary if I abscond?

No, salary isn't provided from the day of absconding. However, as an employer, you're responsible for clearing all dues until the employee's last working day.

When is an Absconding Case Usually Lifted in the UAE?

Resolving an absconding case follows 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

1. How long will it take to resolve a UAE absconding case?

The duration varies based on circumstances and involves legal processes. Consult a legal professional for guidance.

2. Are there penalties or fines for having an absconding status in the UAE?

Yes, penalties and fines may apply, affecting future job prospects and legal implications. Seek legal assistance and fulfill document requirements.

3. Can an absconding case be cleared without a legal professional?

Clearing it independently may pose challenges. Professional guidance is recommended for navigating the process effectively.

4. What documents or evidence 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.

5. Can an absconding case affect future employment in the UAE?

Yes, it can significantly impact career opportunities. Address and clear the issue promptly following the required procedures.

6. What steps can one take if wrongly accused of absconding in the UAE?

If wrongly accused, gather evidence such as attendance records, communication with the employer, or any other supporting documents. Seek legal advice to dispute the case effectively.

7. Are there repercussions for employers who file false absconding cases in the UAE?

Filing false cases may result in legal action against the employer, including fines or penalties. Employees can seek legal recourse for unjust accusations.

8. How can one check their absconding status in the UAE?

Contact the Ministry of Human Resources and Emiratisation or use official online portals to verify your absconding status in the UAE.

Final Say

This guide covers a lot about absconding in the UAE, from what it means to how to deal with it. Remember, sorting out absconding cases can be complicated, so it's smart to get advice from experts. By following the steps and understanding the penalties involved, you can handle absconding issues in the UAE more confidently.