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Employer filed absconding case for resigning over unpaid salary: Is it legal?

Hey,

My employer filed an absconding case against me on September 4, 2023, during my notice period, which ended on September 7, 2023.

However, I stopped going to work on August 11, 2023, because I had not received my salary for July, while the rest of the team had been paid.

I sent an email to HR explaining that I could not get to work due to transportation problems, and they replied asking me to send all handovers by email and promised to send my final settlement, which I received two days ago.

My last day of work is listed as August 11, 2023, and the reason for leaving the company is listed as RESIGNED, both of which are correct.

Is it legal to file an absconding case against an employee who resigned and stopped going to work because the employer has not paid their salary?

I have not yet been paid for July.

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Dar Al Haqooq Legal Consultancy
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25 Sep 2023, 15:47

Dear Client,

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

Filing an absconding report against an employee who has resigned and stopped going to work because of unpaid salary is a complex matter.

The legality of such actions can depend on the specific circumstances and the terms of the employment contract.

It's important to contact the Ministry of Human Resources and Emiratisation (MOHRE) for guidance in your particular situation.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards,

ABDUL WAHIED

25 Sep 2023, 16:06

Thank you for your assistance!

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KHE Legal Consultancy
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26 Sep 2023, 07:02

Dear Questioner,

Even though the employee wants to resign from the company due to the non-payment of salary, he can file a complaint with MOHRE.

If he is absent from work, the employer can put an abscond on him. You may try to settle this issue with your employer.

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