UAE: How to file an Absconding Report against an employee
To file a complaint, the employer must have sufficient evidence of the worker's absence.
Dubai: Skipping work without notice can land you in serious trouble. The Ministry of Human Resources and Emiratisation (MOHRE) issued a decree this year providing details of how employers can act against employees who may be absent from work without notice.
According to Ministerial Resolution No. 47 of 2022, employers can file an Unexpected Work Abandonment (UWA) or Absconding Report against a worker, provided that certain conditions are met. What are these conditions and how can an employer file a report against an employee who is absent without notice?
Here is what the resolution states.
When can an employer file an absconding report against an employee?
As per Article 6 of the resolution, titled 'Registration of Unexpected Work Abandonment (UWA) Absconding Report', the employer may register an unexpected work abandonment complaint against a worker who absents himself or herself without lawful reason for more than seven consecutive days, provided that the employer is not aware of the worker’s whereabouts and is unable to communicate with him or her.
How do I file an absconding report against a worker?
Before filing a report, an employer must have sufficient proof that a worker is absent from work. The employer will also need to provide an Exit/Entry report from the immigration authority in the Emirate.
Required documents:
- Copy of trade licence
- Work permit number
- Certificate of leaving and entering by the General Directorate of Residency and Foreigner Affairs (GDRFA) of the Emirate.
- E-signature card – this is a card issued by MOHRE for owners of private establishments and public relation officers (PRO) registered by MOHRE. According to MOHRE, the e-signature card is an identification card containing an electronic chip, which holds important data and fingerprint of the holder. The card is used as an electronic signature for completing applications and transaction for the MOHRE website and mobile application.
Here is how an employer or PRO can file an Unexpected Work Abandonment (UWA) report against an employee, through the MOHRE app:
- To access the service, the employer or PRO must scan their E-signature card through the phone camera to log in.
- After scanning the card, the employer must then enter their full name, mobile number, and work permit number.
- Next, they must attach the required documents, such as the trade licence, and the entry and exit report of the worker from GDRFA, to prove that the worker is absent.
- Once the documents have been uploaded, the registration is done and MOHRE will investigate. The employer will be notified via SMS upon the completion of the application process.
Can you cancel an absconding report?
Article 7 of the Ministerial Resolution explains the situation in which a worker or employer can cancel a UWA complaint. However, to have a case cancelled against a worker, either party must prove that the employee was present at work or was absent for seven days for a legitimate reason. For an in-depth explanation on what the Resolution states, read our article here.