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Can I file an absconding case against an employee after canceling his visa and labor card?

Good day!

I have a query on employee cancellation.

An employee is canceled, i.e. both his labor card and employment visa.

Can the employer ask the employee to leave the country even if he has a pending labor case against the employer and a 90 days grace period to leave the country after the visa is canceled?

Let me be once again clear here, both visa and labor card have been canceled because the case is already in the execution stage, the Ministry of Labor closed the case and canceled his card, after which the visa was canceled.

I want the employee (actually now ex-employee) to leave the country. If he is reluctant about the same, can I file an absconding against him?

Please advise.

Thanks

متميز
محمد بخيت للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
30 Mar 2023, 17:08

Yes, an escape can be made.

31 Mar 2023, 16:26

Thanks for the response

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
30 Mar 2023, 21:30

You cannot file an escape report because he was not working with you, and his stay and presence in the country are legal as long as he is in the grace period.

31 Mar 2023, 16:25

Good day Sir.

The person was actually under our visa. Now we have canceled him. The grace period to leave the country is until June 12, 2023.

But we don't want him to stay till then, we want to book the tickets at the earliest because tickets will be expensive in June due to summer vacation and many people will be traveling at that time.

So we want to book the tickets at least by next week. Is it possible to do so and if he refuses for the same, can we file an escape report against him?

1 Apr 2023, 12:41

It is not possible to submit an escape report after cancellation, and it is possible to pay the ticket allowance in cash from now, but he has the right to search for another job as long as the grace period is available to him.

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