Can the employer of a house helper file absconding against her if she is still working?

Good morning!

Thank you for reaching out with your concern. It seems your friend is in a challenging situation, but there are steps she can take to resolve the issue and protect her rights.

Here’s an outline of the key legal points and possible steps to resolve the situation:

1. Absconding Case:

Absconding charges are serious and can result in severe consequences for the employee, including being banned from re-entering the UAE, fines, and even detention.

If your friend is still working with the same employer but has been falsely reported as an absconder, she must take immediate action to rectify the situation.

2. Passport Withholding:

It is illegal for employers to withhold the passports of their employees. This is a violation of the employee’s rights under UAE law.

Your friend should demand the return of her passport immediately. If the employer refuses, your friend can file a complaint with the police.

This can be done through the nearest police station or the Department of Economic Development (DED) if the employer is a business entity.

3. Legal Action Regarding Absconding:

Filing a Case: Your friend can file a complaint at the Ministry of Human Resources and Emiratisation (MOHRE).

She should explain the situation, including the fact that she is still working for the employer and that the absconding report was filed in error.

Cancellation of Absconding Report: The MOHRE or the police can help investigate the false absconding report. They will likely clear her name if there is sufficient evidence that she is still employed and has not absconded.

4. Divorce Impact:

The ongoing divorce of the employer should not affect your friend's rights or employment status.

If the employer is attempting to create trouble by filing a false report due to personal reasons, your friend should remain calm and ensure that legal action is taken to correct the situation.

5. Documentation:

Your friend should collect all evidence showing she is still working for the employer (such as payslips, emails, or other forms of communication). This will be helpful when explaining the situation to authorities or in court.

Witness Statements: If other people (e.g., the children, and other household staff) can testify that she is still working in the home, this can strengthen her case.

6. Possible Consequences for Employer:

If the employer is found to have wrongly filed an absconding case or withheld the passport, they may face penalties under UAE law. Your friend can seek to recover any damages through the appropriate legal channels.

7. Next Steps:

Your friend should contact a legal professional who can help her navigate the process of withdrawing the absconding report and recovering her passport.

As her lawyer, I can assist in liaising with MOHRE or any other authorities, file complaints, and represent her in any legal matters that arise.

It is important for your friend to act quickly and seek legal assistance to clear her name from the absconding case, retrieve her passport, and ensure her rights are protected.

Encouraging her to contact the authorities, file the necessary complaints, and gather evidence will be crucial in resolving this matter.

Let me know if you need further clarification or assistance on this issue.

Best regards,

Mohammed Salah

Legal Consultant

Dear questioner

Report the same to the MOHRE that the employee is still working with the employer's family and due to other issues they had absconded, if possible ask the wife of the employer to give witness statements in the Labor court regarding your presence.

If you need further clarifications kindly share your Whatsapp number.

Dear Client,

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

Your friend's situation is serious, as her employer has falsely filed an absconding case while she continues to work. It's illegal for employers in the UAE to withhold an employee's passport, and they can face severe penalties for doing so.

She should document her work evidence and file a complaint with the Ministry of Labour regarding both the absconding case and the retention of her passport.

Additionally, she may need to report this to the local police. Seeking legal advice from a labor law expert in the UAE is also advisable to ensure her rights are protected.

Thanks & Regards,

ABDUL WAHIED

According to UAE law, if an absconding case is filed while someone is still working legally, they can approach the immigration department or police to clarify the situation and prove they are still employed with the employer.

The employer is required by law to return the employee's passport. Your friend can file a complaint against the employer if they fail to cooperate or return the passport.

Our office specializes in such cases and we can assist in resolving this issue. Contact us via WhatsApp for more details.

Understanding Absconding in the UAE

In the UAE, "absconding" means leaving a job without notice, which can result in fines or deportation. Your friend should take these steps:

1. Gather Evidence: If still employed, collect pay slips, communications, and witness statements to contest any claims of absconding.

2. Document Passport Issues: Employers must return passports unless legally justified; any refusal should be recorded.

3. Seek Legal Help: Consulting a lawyer specializing in UAE labor law and reaching out to the Ministry of Human Resources and Emiratisation (MoHRE) is advisable.

4. File a Complaint: If negotiations fail, file a complaint with MoHRE and consider contacting her embassy.

5. Understand Employer's Divorce: Her employer’s divorce does not affect her employment rights.

6. Possible Outcomes: She may contest the absconding claim successfully, regain her passport, or, if unresolved, consider leaving the country.