Questions & Answers
Can the employer report absconding if an employee went to their home country and failed to return?
Can the employer report absconding if an employee goes to their home country on leave but does not come back to UAE?
Hello,
Yes, an employer in the UAE can report an employee as absconding if the employee has gone on leave to their home country but fails to return to the UAE as per the terms of their employment.
If the employee fails to inform the employer of the reason for their extended absence or does not request an extension of leave, it could be considered absconding.
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Dear Questioner,
An employer may file an absconding report with the Ministry of Human Resources and Emiratisation (MOHRE) if the employee has been absent for more than seven consecutive days without informing the employer or providing a valid reason.
Employers should follow the correct legal process and provide the necessary evidence, such as leave approval, proof of non-return, and any communication attempts.
Good day
Yes, an employer in the UAE has the right to file an “absconding” report against an employee if the employee leaves for his home country on leave, does not return to work after the end of the agreed leave period, and does not contact the employer to explain the reasons for his absence.
An employer can report an employee as absconding if they fail to return to the UAE after a leave, even if they had initially left with permission.
If the employee has not communicated with the employer regarding their return or any unforeseen circumstances that prevent their return, it can be seen as a sign of intent to abscond.
Yes, if the employee stays beyond the annual leave that is allowed to him and does not report or provide a genuine reason for the same, then the employer can move to open the absconding file.
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Dear Inquirer
Yes, under UAE labor law, an employer can report an employee as absconding if the employee goes to their home country on leave and does not return to the UAE as agreed.
According to Article 120 of the UAE Labor Law, an employer has the right to terminate the employment contract and report the employee as absconding if the employee has not returned to work within a period that exceeds the leave duration without valid justification or notice.
It is best to have a lawyer present to prevent any risks that may occur.
If you need further clarification, you can contact us.
Dear Client,
Thanks for your question!
I hope you are doing well. I will assist you in this matter.
Yes, an employer can report an employee as absconding if they go on leave and fail to return to the UAE as agreed.
This can lead to termination of the contract and entry restrictions. Clear communication with the employer is essential to avoid such consequences.
