Question: A reader from Dubai asks: Six months ago I went on vacation to my home country and did not return to the UAE. Since that time I have also not been in contact with my company. 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.
Answer: I advise the questioner that their behaviour is incorrect and illegal as it violates the UAE labour law. The questioner cannot enter the UAE after six months has lapsed. As the questioner is not in the UAE the employer might not file an absconder complaint against the questioner before the Ministry of Labour. But the questioner will get a ban for one year in case the employer requests this during cancellation of the questioner’s labour card and visa. Therefore, I advise the questioner to contact his company to cancel his visa in a legal way and avoid such consequences.
Company filed absconder case after I left firm for not paying salary on time
Question: A questioner from Dubai asks: I worked for a company for more than a year, but due to the problems my company is facing they couldn’t pay my salary on time. I was being paid a monthly salary once every three months and they asked me and two of my colleagues to take unpaid leave. The company is planning to close after it collects their money from the client. I left the company but after one month I found out my company had filed an absconder complaint against me at the Ministry of Labour so they wouldn’t have to pay my salary and dues.
I tried to convince the Ministry of Labour the complaint was false but failed. I tried to ask my company to withdraw the absconder complaint and said I was willing to withdraw my complaint regarding my end-of-service dues but they refused. I have been informed by the Ministry of Labour that an absconder complaint can only be made after the employee is absent from work for more than seven days. Can I use my two colleagues as witnesses in a court case?
Answer: Taking unpaid leave because the company is planning to close down and wants to avoid paying its employees 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. The questioner could file a complaint before the Ministry of Labour to inform them about the sponsor’s request. He should have asked the sponsor to have made such a request in writing, a copy of which should have been kept in case the sponsor filed an absconder complaint. The sponsor has the right to file an absconder complaint if the worker is absent from work for more than seven days continuously. As for the absconder complaint against the questioner, he has to try to prove before the Ministry of Labour that he did not abscond and the complaint is malicious.
Otherwise he has to request the Ministry of Labour to refer the case to court. The questioner has the right to ask the judge to allow him to call his colleagues as witnesses. If the judgement is in favour of the questioner then the absconder ban may be lifted by the Ministry of Labour.
Ask the Law questions are answered by Advocate Mohammad Al Shaiba of Al Shaiba Advocates and Legal Consultants.
