Last Updated on October 4, 2024
In the UAE, employers can file an absconding case against employees who abstain from work for more than seven days without a valid reason. Once the employer submits the absconding case, the Ministry of Human Resources and Emiratisation will impose a labor ban, lasting from 6 months to 1 year. If you’re looking for ways to remove an absconding case in immigration, we will discuss the details in this article.
A person with a labor ban cannot obtain a work permit in the UAE and is also ineligible for a work visa until the ban expires.
In the UAE, there are two types of bans: 1. Immigration ban and 2. Labor ban. To learn the difference between these bans, continue reading. click here.
Here are some key points about the labor ban:
- Absconding: When an employee intentionally avoids work for more than 7 days without notifying the employer.
- Duration: Labor bans typically last for 1 year, though some can be reduced to 3 to 6 months.
- Responsibility: The Ministry of Human Resources and Emiratisation (MOHRE) enforces the ban on foreign workers after carefully reviewing the employer’s complaint.
- Work restriction: If you have a labor ban in the UAE, you are prohibited from working in the country. If you are caught working for any employer without lifting the ban, you will face severe consequences.
How to remove absconding cases in immigration?
The labor ban can be lifted under two conditions in the UAE, which I will discuss below:
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Automatically:
The labor ban is not permanent; it lasts for a specific time frame, such as 6 months or 1 year. After completing this period, the ministry will automatically remove the ban from its website. Once the ban is lifted, individuals can return to the UAE on a work visa.
It is an automatic process, so you don’t need to take any action. Simply wait for the ban period to end, and then you can apply for a work permit afterward.
2. Remove by your employer;
Just as employers can file an absconding case, they also have the right to withdraw it by working with the ministry and collaborating with its officials.
How to remove absconding case in UAE?
You cannot remove an absconding case in the UAE on your own, so you’ll need someone’s assistance, whether you’re inside or outside the country. Here are some guidelines that may help you through the process:
1. Contact Your Previous Employer:
You should reach out to the previous employer’s Public Relations Officer (PRO) to discuss the situation and request the withdrawal of the absconding complaint.
2. Legal Assistance:
If you’re unable to contact your previous employer, many legal firms can assist you. They will find the employer’s company and coordinate with them to remove the labor ban on your behalf.
4. Contact with immigration:
If there is only a labor ban, the employer can withdraw it. However, if you’ve been involved in any illegal activities in the UAE or the Gulf region, you may also have an immigration ban. In this case, lifting the labor ban will not allow you to re-enter the UAE. It’s important to contact immigration to better understand your status.
Whether you’re inside or outside the UAE, the procedure for addressing a labor ban remains the same.
However, if you’re currently in the country, you have the advantage of visiting the relevant authorities in person, either on your own or with a representative from your previous employer.
How to remove absconding cases in immigration?
The answer to this question involves two approaches, as mentioned above. However, when there is a fabrication claim from the employer or financial dues involved, the process becomes much more complex and critical.
If you have any pending financial dues in the country, or if the employer has fabricated your case and made additional claims against you, seeking legal assistance is crucial. Although it may cost some money, it ensures a fair resolution.
