How an employee should respond when their employer files an absconding report. The new labour law in the UAE mentions it under the Work Abandonment Absconding Report law.

According to Ministerial Resolution No. 47 of 2022, an employer may formally register an Unexpected Work Abandonment (UWA) or Absconding Report against an employee who is absent from work for more than seven days.

Since the new UAE Labour Law was implemented in February of this year, the Ministry of Human Resources and Emiratization (MOHRE) has issued several ministerial resolutions or decrees which provide further information about the various situations and special conditions related to the implementation of the law.

MOHRE has also issued Ministerial Resolution No. 47 of 2022, in which it has outlined the procedures for resolving labour disputes and complaints in accordance with the law.

In articles 6 and 7, this resolution discusses the registration and cancellation of Unexpected Work Abandonment Absconding Reports. Read on for a detailed analysis of the resolution.  

When a worker absconding report can be filed: 

In accordance with Article 6 of the proposed resolution, titled 'Registration of Unexpected Work Abandonment (UWA) Absconding Report', the employer may file an unexpected work abandonment complaint against a worker who has been absent without lawful reason for more than seven consecutive days, without the employer being aware of his or her whereabouts and unable to contact him or her.

According to the Undersecretary for Human Resources Affairs's procedures manual, the complaint must be filed.

What can an employee do to cancel an absconding report:

Under article 7, entitled 'Cancellation of Unexpected Work Abandonment Report', the Ministry outlines situations in which a UWA complaint can be cancelled at the request of both the employer and employee.

These include the following:

1. When seven consecutive days have not passed since the last working day or since the end of a leave or when a legitimate reason for absence has been provided.

2. There is proof that the worker is present at work or was on a legal leave, regardless of whether the employer is aware of this at the time of registering the complaint.

3. Restoring a labour relationship only with the consent of the employer, if the establishment is still operating (not closed) and the employer agrees to pay any fines associated with not issuing or renewing a work permit (if any).

4. Cessation of work occurs when there has been an agreement between the worker and employer to terminate the employment relationship, or when the employer allows the worker to cease work or find another job.

5. In the case that a complaint is proved to be invalid due to a legitimate reason for not reporting to work.

The employee can request the ministry to cancel a report against him/her:  

To follow up on your complaints or transactions with the Ministry, you can call the toll-free hotline - 800 60.

The Ministry has also established a Labor claims and advisory center to address labor-related complaints and legal inquiries. For more information about your rights as an employer or employee, you can contact the center at 04 665 9999.

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