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Can an absconding complaint be filed if there is no labor card or work permit?

Good day,

Can someone answer my friend's concern? She’s working under her husband's visa without a labor card/permit to work. She signed an internal contract and received salaries for several months.

Now, if she leaves the company without notice, can any absconding complaint be filed against her?

Thank you!

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KHE Legal Consultancy
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3 Sep 2024, 07:40

Hello,

Leaving a job without notice, especially under a spouse’s visa and without a labor card, can lead to serious issues, including potential absconding reports and legal complications.

For further assistance, kindly share your WhatsApp number.

3 Sep 2024, 10:34

Why did another attorney say there's no way to file a case since there's no work permit?

Thank you!

3 Sep 2024, 11:02

Without a valid work permit and labor card, her employment situation is already precarious.

Leaving the company without proper notice or resolution could indeed lead to legal complications, including the potential for an absconding case.

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London Center for Legal Consultancy Office
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3 Sep 2024, 07:40

Greetings,

If there is a letter of no objection to work and a work contract certified by the Ministry of Human Resources, yes, they can file an escape from work with the Ministry of Human Resources.

The escape is noted on the work card, not the residence card.

For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.

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Saeed Aldahmani Advocates & Legal Consultants
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3 Sep 2024, 08:05

Dear Inquirer,

Working Without a Labor Card/Permit:

- Absconding or Complaint Risk:

If your friend is working under her husband’s visa without a proper labor card or work permit, she is technically working illegally.

However, since she is not officially registered as an employee with the Ministry of Human Resources and Emiratisation (MOHRE), the company cannot file an absconding report against her.

- Internal Contract:

The internal contract she signed does not replace the legal requirement for a work permit. While the employer may threaten legal action or withhold payment, they cannot legally enforce penalties like absconding without an official labor contract.

- Leaving Without Notice:

If she leaves without notice, the employer could potentially claim a breach of contract, but this would be difficult to enforce legally since she does not have a valid labor card or permit. It is best to have a lawyer present to prevent any risks that may occur.

If you need further clarification, you can contact us.

3 Sep 2024, 10:29

Thank you!

3 Sep 2024, 10:30

By the way, it's a Freezone company, and I forgot to mention that she issued an NOC, but as stated, there is no valid work permit.

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Ibrahim Al Banna Advocates & Legal Consultants
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3 Sep 2024, 11:05

Dear Questioner,

Your friend's situation is indeed delicate. Working without a labor card or permit is not in line with the UAE's labor regulations.

If she leaves the company without notice, the employer could potentially file a complaint, including claims of absconding.

However, the specifics of the case, such as the internal contract and the nature of the employment, would need to be examined closely to provide accurate advice.

I recommend that your friend consult with a legal professional to assess the risks and determine the best course of action. I’m here to help with this.

Please feel free to reach out to me directly via WhatsApp or phone at [--------] to discuss this further.

Best regards,

Suhail Rana

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