Sunday, 20 March 2016

Absconding and clarifications

Abscond Reporting at Labour & Immigration-UAE

Required Documents:
• Personal file Print-out from Immigration to prove that the person is inside country. Fees: Dh120 to be paid at immigration.
• Passport copy
• Labour card copy
• Labour Establishment Card copy
• Original E-signature card of the authorized signatory
• Date of abscond
Abscond can be reported only after 7 days of absence
Application Fee: Dh53 should be paid at Tas'heel Centre

Steps to Follow
• Type electronic abscond application from Tas'heel Centre
• Wait for online approval by next day
• Take approval print-out and submit at Immigration Department along with Trade License copy & Immigration Establishment Card copy
• Immigration fee: Dh340 (Dubai)
Air Ticket fare should be deposited at Immigration for some nationalities.

• Immigration fee: Dh5350 (Sharjah). Part of the amount will refunded after employee's exit.

Payment at Thas'heel Centre should be made through E-Dirham Card. You can Buy E-Dirham Card from any branch of National Bank of Abu Dhabi or from Aafaq Islamic Finance Company found at Thas'heel branches. Take your Emirates ID & Passport copy to for E-dirham Card.

Incase of fake abscond reporting, employer shall pay Dh10,000 penalty and company file will be banned from transaction.

Frequently Asked Question
Fine if absconding report is cancelled
It has to be noted that there might be a fine of Dh10,000 imposed upon the company. As general rule, there are two situations where the absconding report may be cancelled either by an employer or by employee:
By employer: An employer may cancel an absconding report if he gives an approval that there was an error in the absconding report. For example, the name included was wrong or the employee was hospitalised or was imprisoned and was consequently absent from work without information.
By employee: An employee may cancel an absconding report if he can prove his presence at work while he was reported absconding, or has a valid proof for his confinement to the hospital or jail during that period.

Furthermore, if an employer submits the report, he has to provide the authorised signature keeping in view that the following fine may be imposed in case of fake or conspired absconding report:
1) Dh10,000 fine in case of fake report
2) Companies of the owners and all other firms with partners will be blocked unless he pays Dh10,000
3) Bank guarantee amount will not be refunded by Ministry of Labour
4) The category of the company will be changed to C.

However, in case of false report, if there is proof that the employee had not been working in the company for the last three months or more and instead was working with another company holding the visa of the old company, the employee may be given a one-year ban even if the report is cancelled. In case it is established that the institution/company from which the employee was reported absconding is nonexistent, then, the absconding report will not be cancelled. In such an event, the employer will be fined Dh10,000 and all his firms will be blacklisted. (KT)

Abscond Reporting while the employee is out of UAE
Q: Six months ago I went on vacation to my home country and did not return to the UAE. Will this affect me in case I want to come back after six months to work for another company? Can my employer file an absconder complaint at the Ministry of Labour? Someone told me that an employer can file a complaint even if the employee is not in the country.
A: Abscond reporting is not possible while the employee is out of UAE. Ministry of Labour will ask personal file print of the employee from Immigration to verify whether the employee is inside or outside of the country. If the report shows that the person is out of UAE, Ministry will not accept abscond complaint. But the employee will get a ban for one year in case the employer requests this during cancellation of the employee’s labour card and visa after six months.

Insisting for taking unpaid leave

Q: I didn't get salary for last three months. My company is insisting me to take unpaid leave.But I fear they will file absconder complaint against me after I taking leave. What I should I do in this situation?
A: You should file a complaint in Ministry of Labour if your salary is delayed for two months or more. Insisting for taking unpaid leave is against the law. The employer is obliged to pay the worker’s salary as long as such a worker is on the employer’s sponsorship even if no work has been assigned. You should ask the sponsor to give you notice of unpaid leave in writing. Then only you can defend yourself in case the sponsor file an absconder complaint against you.



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