Questions & Answers

Ask a lawyer
All cities, UAE

Acting against an employee who left the country

Hi,

One employee at my company went for a vacation after 3 months of getting a visa, and she doesn't want to come back.

It's been 10 days. Can we cancel her while she is staying in her home country and what will be the status of our quota?

Premium
Mohamed Bakheet Advocates & Legal Consultants
Chat Hire
Meet
11 Jun 2019, 14:28

According to the law, the days that exceeded the balance of leave are considered absence.

As stated in Article 120 of the Labor Code, in case of absence for more than 7 days, the employer may dismiss the worker without warning unless there are compelling circumstances that prevented the worker from joining his work.

Al Nassar Advocates & Legal Consultants
Chat
Hire
Meet
11 Jun 2019, 14:51

Hi there,

Yes, you can put an absconding case against her and then proceed for cancellation.

Since she is the one who has defaulted, there won't be any issue with your company's labour status.

Feel free to reach us for further discussion.

Thanks,

Sudhanshu Singh

Premium
Bashar Al Masayba Advocates & Legal Consultants
Chat Hire
Meet
11 Jul 2019, 11:17

Please note that you can cancel her only in case she sent you her passport.

In case she did not send the passport, you can wait six months until her visa is automatically cancelled and you can cancel her labour card.

Advocate Bashar Abdalla

11 Jul 2019, 11:24

Thank you.

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer