Can I claim my gratuity despite an absconding case after completing a 23-month contract?

Good morning!

Gratuity entitlement depends on several factors, particularly in cases involving absconding reports. Below are key points relevant to your case:

1. Eligibility for Gratuity:

- Under UAE labor law, you must complete at least one year of continuous service to be eligible for gratuity.

- Absconding cases, if proven valid, may result in forfeiture of end-of-service benefits, including gratuity.

2. Absconding Case Impact:

- If your company filed an absconding case after you were absent for 25 days without informing them, this could negatively affect your claim for gratuity.

- To counter this, you need to prove that the absence was either communicated or justified due to unavoidable circumstances.

3. Steps to Take:

- File a complaint with MOHRE to dispute the absconding case if you believe it was unjustified.

- Provide evidence supporting your claim, such as emails, messages, or medical reports, if applicable.

- Once the absconding case is resolved, you can proceed to claim your gratuity if eligible.

We recommend addressing the absconding case first. Our office can guide you through the legal procedures to protect your rights and claim any pending benefits.

Hello,

If you were absent for 25 days without informing your employer and this leads to an absconding case, the company has the legal right to withhold your end-of-service gratuity, as absconding is a serious breach of the contract.

However, the situation depends on the employer's actions and how they report your case.

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Jasim Al Haddad Advocates & Legal Consultants

Absconding typically results in the forfeiture of your end-of-service gratuity. This is a significant financial penalty as gratuity is a mandatory benefit for employees who have worked for a company for more than one year.

Your employer may file a complaint against you with the Ministry of Human Resources and Emiratization (MOHRE).

You may contact your employer and explain the reasons for your absence. Provide any necessary documentation to support your claims.

If he is not willing to cooperate, try to approach through MOHRE.

If you need further clarification, you may ask us.

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

In the UAE, leaving work without notice (absconding) typically disqualifies you from receiving gratuity. Your unauthorized 25-day absence violates labor contract terms, allowing the employer to cancel your visa and terminate employment.

Resolving an absconding case is complex and usually results in losing end-of-service benefits.

To protect your rights, immediately communicate with your employer and seek legal advice from the Ministry of Human Resources and Emiratisation.

Consider negotiating a settlement or understanding your specific contract conditions.

Thanks & Regards,

ABDUL WAHIED

According to UAE law, if an absconding case has been filed against you due to your absence without informing the company, it may affect your entitlement to end-of-service gratuity.

However, if you provided notice two months prior to the non-renewal of the contract, this may impact how your gratuity is handled.

Regarding the removal of the absconding case, you can submit a request to remove it, but it's advisable to first resolve the issue of your gratuity.

We specialize in labor and absconding cases, and we can assist you in addressing these issues and providing legal advice to ensure you receive your full rights.

If the company refuses to cooperate, you can file a formal complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

The MOHRE will arrange a settlement session between you and the company to try to resolve the dispute.

If no agreement is reached, the case can be referred to the Labour Court.