UAE Labour Law: Wrongful absconding report filed by employer

Question

I was working for a company for three years under an unlimited labour contract. My employer terminated me without reason and wanted to cancel my visa immediately. I had certain financial issues regarding my Visa card to resolve with my bank. So I requested the company to give me some time to find a job and change my sponsorship. But one month ago, I came to know that my employer reported me absconding.

During my notice period, my company told me verbally not to work for a notice period and the reason my company reported me absconding is to avoid paying me my end-of-service benefits and my commission. They also do not want me to work with a competitor company.

Will there be a life ban on me due to the complaint? Can the ban be legally lifted through Ministry of Labour?

My employer is ready to withdraw the absconder complaint if I don’t claim end of service benefits and my commission. Does Ministry of Labour allow this?

Answer

I would like to advise the questioner that the Ministry will not accept the withdrawal of the absconder complaint by the employer, therefore, I advise the questioner to file a complaint against the employer asking for his rights regarding end-of-service commission.

He can insist that the case be referred to the labour court where the questioner can try to prove by all means that the employer reported him as a false absconder to avoid paying him his pending salary and end of service rights.

If the labour court passes judgment in favour of the questioner and mentions in the judgment that the questioner was not absconder and is entitled to his rights, the questioner can submit the judgment and accordingly the Ministry of Labour may lift the absconder complaint.

Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.