
FALSE ABSCONDING CLAIMS IN THE UAE: LEGAL REMEDIES FOR UNLAWFUL DISMISSAL AND RECOVERY OF LABOR RIGHTS
Employees in the UAE who are wrongfully reported for absconding by
their employer—despite having been asked to leave due to internal financial
difficulties—are entitled to seek legal protection and compensation under the
UAE Labour Law. When an employer instructs a worker to search for alternative
employment and subsequently files an absconding complaint, it not only violates
the principles of fair employment but also exposes the employee to legal and
professional hardship. In such cases, the employee’s first step should be to
file a formal complaint with the Ministry of Human Resources and Emiratisation
(MOHRE), asserting unlawful termination and requesting the removal of the false
absconding report.
The employee carries the burden of proof to demonstrate that their
departure from the workplace was not voluntary. This can be achieved through
witness testimony, particularly from colleagues who were present when the
employer gave verbal instructions to leave or confirmed termination. Additional
evidence such as emails, chat records, or other communication from the employer
further strengthens the claim. These forms of documentation are critical in
convincing the Ministry or court that the employee acted in accordance with the
employer's direction and did not breach the terms of employment.
Article 50 of Federal Decree-Law No. (33) of 2021 explicitly states
that if a foreign worker leaves employment without a legitimate reason prior to
the contract’s expiry, they may face a one-year work ban, during which no new
work permit will be issued. Moreover, no employer aware of such a violation may
lawfully employ the individual during this period. This makes it essential for
the employee to act swiftly in disproving the absconding claim to avoid these
severe repercussions and preserve their eligibility to work in the UAE.
In conclusion, employees must utilize the legal avenues available through MOHRE to challenge unjust employer actions. By presenting credible evidence and testimonies, they can not only clear their record but also claim rightful dues including unpaid wages, leave encashment, and end-of-service benefits. The UAE legal framework provides sufficient safeguards to ensure that employers do not misuse legal provisions to the detriment of workers who are otherwise compliant and cooperative.