Ask Gulf News: What to do if your employee stops showing up to work in the UAE
Companies must report unauthorised absences only if they exceed a set number of days
Question: I am a company owner. An employee has been absent for 11 days without reporting to work. We have tried to contact him several times, but he has not responded. I heard that I need to report this to the Ministry of Human Resources and Emiratisation (MOHRE). What procedures should I follow in such a case?
Answer 1: To answer this question, I would advise the questioner as follows:
According to Article (28) of the Cabinet Resolution No. (1) of 2022 on the Implementation of Federal Decree-Law No. (33) of 2021, and subject to the provisions of Article (50) of the Decree-Law:
The employer must notify the Ministry if a worker unexpectedly abandons work, in accordance with the following rules and procedures:
a. The worker’s absence from work must exceed seven consecutive days, without the employer knowing the worker’s whereabouts or being able to contact them.
b. The absence from work form must be completed in accordance with the procedures set by the Ministry.
If a foreign worker leaves work for an illegitimate reason before the end of their contract term, they will not be issued another work permit for a period of one year from the date of absence, except in the following cases:
a. The worker holds a family-sponsored residency visa.
b. The worker applies for a new work permit at the same establishment.
c. The worker possesses professional qualifications, skills, or knowledge that are in demand in the UAE.
d. The worker is a Golden Visa holder.
e. The worker belongs to professional categories determined by a resolution of the Minister based on labour market needs.
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