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.

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Adv.Aji Kuriakose / About Author

Adv. Aji Kuriakose is a well known Advocate presently working as a legal consultant in Dubai.

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