Wrongfully accused of absconding in UAE? Here’s how to challenge your employer’s claim
Burden to prove that you did not leave the work by your own, falls on you
Question: I worked in a private company. 3 months ago, the employer asked me to look for another job, claiming that the company was going through difficult financial circumstances. This was in front of two of my colleagues. However, I have now learned that the employer has filed a complaint against me for absconding.
What is the appropriate action to take against the employer, and how can I prove that I left work based on the employer’s request, and that I have not received delayed salaries for more than a year, in addition to my other labor entitlements.
To answer such question, I would advise the questioner that:
The appropriate procedure to be taken is to file a labor complaint against the employer in front of the Ministry of Labor for dismissing you in front of your colleagues and claim all you labor rights including but not limited to your salaries for the past year with annual leave and gratuity. You have to use the judgment and submit it to the labor ministry to remove the absconding.
As for the labor claim, the burden to prove that the employer had dismissed you and that you did not leave the work by your own, falls on you. You have to request your colleagues’ testimony as well as to provide any other prove that supports your claim including documents, emails and WhatsApp messages.
It is important to prove that you did not leave the work by your own because according to Article 50 of the Labor Law, if the foreign Worker is absent from work, for no legitimate reason, before the end of the contract period, no other work permit shall be granted thereto to join other work in the State in accordance with the provisions of this Decree by law, for a period of one year as of the date of the absence from work. Also, no other Employer who knows of the foregoing may employ him or keep him in his service during that period.
As a conclusion, the court will take the decision as per its estimation and the documents submitted.
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