UAE Work Absences: Understand Absconding Reports and Contesting Procedures

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UAE Work Absences: Understand Absconding Reports and Contesting Procedures

Missing work without prior notice can have significant repercussions for employees in the UAE. Under the UAE Labour Law, employers are protected against unexpected absences, which can lead to serious consequences for workers who fail to report to work for more than seven consecutive days.

When an employee is absent for this duration without informing their employer, the employer has the legal right to file a case with the Ministry of Human Resources and Emiratisation (MOHRE). This action is often referred to as an “absconding report,” although the official terminology is “unexpected work abandonment” or “absence from work.”

What Constitutes an Absconding Report?

An absconding report is filed when a worker does not report to work for over seven consecutive days without notifying their employer, and the employer is unable to reach the employee. In such cases, the employer can report the situation to MOHRE, categorizing it as “unlawful absence from work.”

If MOHRE investigates the case and finds the report valid, the employee’s work permit is automatically canceled. Furthermore, the employee may face a one-year ban on obtaining another work permit in the UAE. According to Article 50 of the UAE Labour Law – Federal Decree-Law No. 33 of 2021 – no other UAE employer can hire or retain such a worker during this one-year period.

Filing an Absconding Report: The Process

Employers can file an absconding report with MOHRE through an online service by following these steps:

  1. Log in using the establishment’s details.
  2. Provide the necessary information about the employee, including the dates of absence.
  3. Submit the complaint after completing the verification process for establishment representatives.
  4. A Ministry official will review the complaint, and the outcome of the investigation will be communicated to the employer.

If the report is validated, the employee’s work permit will be canceled, and they may be barred from receiving another work permit in the UAE for one year.

Validity of Absconding Reports

Article 7 of Ministerial Resolution No. 47 of 2022 outlines circumstances under which an absconding report may be deemed invalid. The Ministry may cancel the complaint at the request of either the employer or employee in the following situations:

  • If it can be demonstrated that fewer than seven consecutive days have passed since the employee’s last working day or the end of their leave, or if the absence is due to legitimate reasons.
  • If the employee was present at the workplace or on legally prescribed leave, regardless of whether the employer was aware at the time of the complaint.
  • If the employer consents to restore the employment relationship, provided the company is operational and agrees to pay any fines related to the worker’s permit.
  • If both parties agreed to terminate the employment relationship or the employer allowed the worker to stop working or seek another job.
  • If the employee had a legitimate reason for their absence, or if the report is otherwise proven invalid.

Certain scenarios allow employees to leave work without prior notice, as per Article 45 of the UAE Labour Law. These include:

  • Situations where the employer has violated contractual obligations or UAE Labour Law, requiring the worker to notify the Ministry 14 days before leaving. If the employer fails to rectify the breach after being notified, the worker may leave without notice.
  • Cases involving proven assault, violence, or harassment by the employer or their representative, where the employee must inform the relevant authorities and the Ministry within five working days.
  • Situations posing a grave danger to the worker’s safety or health, provided the employer is aware and has not taken corrective action.
  • Instances where the employer assigns duties fundamentally different from those outlined in the employment contract without obtaining written consent, except in emergencies permitted under Article 12 of the Labour Law.

Employees can contest an absconding report filed against them if it falls under any of the aforementioned situations by submitting their complaint online. More information can be found on the official MOHRE website.

Exceptions to the One-Year Work Permit Ban

In certain circumstances, even if an absconding report is considered valid, the Ministry may decide not to impose a one-year work permit restriction. Article 28 (2) of Cabinet Resolution No. 1 of 2022 outlines exceptions, including:

  • Workers residing in the UAE on a family visa.
  • Workers applying for a permit with the same establishment.
  • Workers with skills, professions, or knowledge in demand within the UAE.
  • Holders of a Golden Visa.
  • Other professional categories identified by MOHRE or the UAE Cabinet based on labor market needs.

Source: www.emirates247.com

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Published on 2026-08-19 16:35:00 • By the Editorial Desk

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