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UAE: Will I be banned from the country after my employer reports me absconding?

An employer may file an absconding complaint if an employee is absent from work continuously for seven days without informing them

Published: Sun 5 Feb 2023, 11:24 AM

Updated: Sun 5 Feb 2023, 4:33 PM

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Question: I was deported from the UAE after my employer reported me absconding. How do I check if I have a ban? Also, will this extend to other GCC countries? I mean, can I try my luck in other Gulf countries?

Response: Pursuant to your queries, it is assumed that you were employed by a mainland employer based in the UAE, and that your residency visa was sponsored by the said employer. Therefore, the provisions of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulation of Employment Relations (the 'Cabinet Resolution No. 1 of 2022') and those of Federal Decree Law No. 29 of 2021 Regarding Entry and Residence of Aliens (the 'Immigration Law of UAE') are applicable.

In the UAE, an employer may file an absconding complaint with the Ministry of Human Resources and Emiratisation (the ‘MOHRE’) if an employee is absent from work continuously for seven days without formally informing the employer. This is in accordance with Article 28 (1) of the Cabinet Resolution No. 1 of 2022, which states: “The employer shall notify the Ministry of the worker’s unexpected work abandonment pursuant to the following rules and procedures:

a. The absence from work shall have exceeded 7 consecutive days, without the employer’s knowledge of the worker’s location or the possibility of communicating with him.

b. The absence from work form shall be completed pursuant to the procedures set by the Ministry.”

Based on the complaint and upon confirmation that you were absconding from work, the General Directorate of Residency and Foreigners Affairs – Dubai (the ‘GDRFA’) or Federal Authority for Identity, Citizenship, Customs and Port Security (the ‘ICA’) in other emirates of UAE may have conducted [an] investigation and accordingly deported you from UAE.

Article 18 of the Immigration Law of UAE also mentions the conditions under which a deported individual from the UAE is allowed to reenter the country. It should be noted that usually an individual who is deported from the UAE on grounds of absconding may be imposed with [a] ban prohibiting travel to [the] UAE for a certain period of time, or permanently as decided by the GDRFA or ICA. Further, [a] travel ban to [the] UAE on [the] grounds of absconding may be considered an administrative deportation, and therefore an individual may travel to other Gulf Cooperation Council (GCC) countries.

You may contact the GDRFA or ICA with regards to the nature of the travel ban imposed on you on grounds of absconding from your employer and if the same is limited for [a] certain period. You may further check if you can travel to UAE or other GCC countries. Further, it is recommended that you contact the relevant authority/ies of the GCC country which you intend to travel to.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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