Questions & Answers
Can a terminated employee be marked as absconding if they're unresponsive about visa cancellation?
Dear All,
We terminated an employee during the probation period due to underperformance. We provided 14 days' notice and cleared all dues.
However, it has been over 5 days, and the employee has not signed the visa cancellation papers despite multiple follow-ups.
Can we mark the employee as absconding? How should we proceed with the visa cancellation?
Thank you in advance!
Hi,
Good morning!
Yes, you can put the employee in absconding status. However, this should be done in accordance with UAE labor law and immigration regulations.
Hello,
An employee is considered to be in an “absconding” status if they fail to report to work or communicate with their employer for a specific period (usually 7 consecutive days).
Since it has only been 5 days since termination and the employee has not signed the cancellation papers, you did not have grounds to classify them as absconding according to the typical 7-day rule.
You can visit the MOHRE or use the online portal to initiate the cancellation process. Explain the situation and provide them with all supporting documentation.
If it becomes evident that the employee is deliberately avoiding the cancellation process and exceeds the 7-day period without communication, you can report them as absconding through the MOHRE.
Dear questioner,
Yes, you can proceed with filing for absconding. By doing so, you can contact MOHRE to file for absconding and cancel the visa without the employee's involvement.
If you need further clarification, kindly share your WhatsApp number.
In the event of an escape, you can report the employee’s absence and cancel their visa.
If you have any other inquiries, please contact us at phone number [----------] so we can assist you.
Dear Questioner,
Thank you for reaching out with your query regarding the termination of the employee during the probation period!
Since you have provided the required notice and cleared all dues, you are within your rights to proceed with the cancellation of the visa.
If the employee continues to refuse to sign the cancellation papers, you can initiate the process of reporting them as absconding.
This step typically involves submitting a request to the relevant authorities, demonstrating that you have made reasonable efforts to obtain their signature.
To proceed with the visa cancellation, you will need to follow these steps:
- Submit the Cancellation Request:
Prepare the necessary documentation, including the termination letter and proof of notice, to submit to the relevant immigration authority.
- Report Absconding Status:
If applicable, file the absconding report with the Ministry of Human Resources and Emiratisation (MoHRE) to ensure compliance with the legal requirements.
- Follow-Up:
Keep track of the status of the cancellation request and maintain communication with the authorities.
In the UAE, if an employee refuses to sign the visa cancellation papers following termination during the probation period, you have a few options to proceed legally:
- Document All Communication:
Ensure you have documented proof of all attempts to reach out to the employee regarding the visa cancellation, including emails, messages, or other communication efforts. This can support your case with the authorities if further action is required.
- Absconding Report:
Although absconding reports are typically reserved for employees who have abandoned their jobs without informing the employer, some employers use this route when an employee refuses to cooperate in the visa cancellation process.
Before filing, confirm the requirements and potential implications by consulting with the Ministry of Human Resources and Emiratisation (MOHRE) or a legal advisor, as filing an absconding report may impact the employee's record in the UAE.
- MOHRE Support for Visa Cancellation:
Visit a MOHRE service center or file a request through their online platform to seek assistance with the visa cancellation.
Explain that you’ve fulfilled all dues and that the employee is uncooperative. MOHRE can sometimes issue approval for visa cancellation without the employee's signature if the employer provides sufficient grounds.
- Immigration Office:
Alternatively, you can approach the General Directorate of Residency and Foreigners Affairs (GDRFA) with your case documentation.
GDRFA may allow the visa cancellation process to proceed if the necessary conditions are met, especially since the employee is already terminated and was notified.
Taking these steps should allow you to move forward with the cancellation. If the situation persists, consulting a legal expert might be beneficial to ensure compliance with UAE labor laws.
Warm Regards,
Omar Mosaad
