Monday, May 24, 2010

Employer has filed an absconding case

A reader from Dubai asks: My husband was working in a trading company for the past three years and after completing his third year, he renewed his visa. But during the global economic recession, the manager of the company asked my husband to look for a new job. My husband managed to get a job offer from another company, but when requested the company to cancel his visa, he learnt that the local sponsor of his old company had filed an absconding case against my husband and some others working in the company. They claimed that my husband had completed only one year with the company, however, my husband’s residency visa shows the date of joining the company. We tried to contact the manager regarding this issue, but we could not get hold of him as the company was closed permanently. We finally contacted the company’s local sponsor, who told my husband that he should go home and stay there for six months and then he will cancel his visa, so my husband left the UAE and stayed in India for seven months. However, when I contacted the sponsor following the elapse of this period, he asked me to bring my husband’s labour card to cancel the visa, which I did. He then asked me to call him after one week, but when I did, he told me that he will cancel the visa but does not know when it will happen, adding that it may even take a year. I’m in a very difficult situation because I am living here with my son while my husband is out of the country and we need him with us. What can I do now?
I would like to clarify to the questioner that if she failed to reach an amicable solution with the employer concerning her husband, she shall file a complaint before the Ministry of Labour to request the cancellation of her husband’s visa. The Ministry of Labour will call the sponsor in this regard and settle the matter. Also, she should make sure whether the employer has filed an absconder complaint against her husband while abroad, as the Labour Law does not entitle the employer to file an absconder complaint against the worker while he is outside the country.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

12 comments:

reden said...

Good Day,
I would like to ask a question to Mr.Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.I'd work before in big company they terminated me and after a week they cancel my visa and they told me that i need pay my comapany loan. i got that loan to pay my labor ban and they will deduct to my salary but in my situation i dont have any money pay that loan after a months they told me told pay that loan and exit the country but i did not pay the because i dont any single dirhams in my pocket then they submitted my passport in the immigration and file absconding case against me. Mr. Mohammad what should i do? and there's any chance to get my passport back? please help me to my problem.

Thank you,

Anonymous said...

Glory to God!!
I want to request some legal advice to Mr. Mohammad Ebrahim Al Shaiba Of Al Bahar Advocates And Legal Consultants.Last year I was been terminated by this big company I'm working with.My visa has been cancelled and I was been advice to leave the country on or before my one month grace period is over.I informed them that I can not leave the country because I have on going case to Dubai Court. Labor case to my first employer.As a proof I ask a certification to Dubai Court and submitted it to them. But they refused and did not honor it, what they did is submitted my passport to the immigration and filed absconding case against me, in which I think is illegal because
according to the UAE Law, a person can stay in this country until the case is over in Dubai Court.
There are lots of opportunities that came along but because of withholding my passport all this good chances to get new job were gone.
Do I have the right to filed case against this company who really makes my life and my family miserable. Can I claim from them a compensatory damages?
I am looking forward to hear from you soon. Thank you and God bless!!

Respectfully yours,

Anonymous said...

When employee facing any legal issues, employee must contact labor department for advise. In your case you never contacted labor department.

Anonymous said...

HI! maybe anyone can help me to solve my absconding case in abudhabi. I am working in a taxi company, 300 taxi drivers included me file a case in labor court in auh, it last for a year but still we did not won the case. They give only passport and ticket. We dont know, how it happen because only the Filipino group who doesnt get anything. Labor cancelled our visa and give a ticket which is after 2 days I need to travel.I stayed for a month after this date to look for a job before going home and got overstayed in the country after labor cancelled my visa from my previous employer. But on my 1st day overstay in the country my previous employer called me and said they filed an absconding case for I runaway from their company. But we've known that we are already cancelled from them as per labor court, So how it happened that I have a runaway case from them. Now, I cannot come back to uAE, because of this case, I am now in 4 months in Philippines. I got a Dubai job opportunity but when they are applying for the visa it was always rejected. Please tell me what I need to do. I am jobless in Phils until now. I want to go back in UAE for I have an offer waiting for me out there. Hope to hear from you soon!

Anonymous said...

Dear sir,

Good Day,

I want to seek a legal advice regarding our situation. Currently I am under my husband sponsorship.
How ever my husband visa was already expired 7 months ago. He was working as a merchandiser and got sick, he got sick for almost 2 weeks but since dubai visa don’t have medical card, we did not went to hospital instead we buy medicine, when my husband wanted to go back to work we are ask to get a medical certificate which we are not able to provide. The manager said that they will call mu husband back . Now the visa already lapse and as we look to online checking we find that my husband have an absconding case, the passport is still with the employer. Sir we need a legal advise on what will be or move .. thanks

Anonymous said...

Good Day,
I would like to ask a question to Mr.Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.i'm working in a aluminum company in Dubai.but recently my boss he absconded and my company closed by the ministry of labour department. unfortunately i completed my visa one year and 9 months only in the company.but i got new job from another company and i have to joint there as soon as possible? but the new company they want me without any problems,like ban,visa hype, etc.so please advise me how can i transfer my visa to new job.if i do that i have to get ban? if that happen,can i remove the ban? and how long will take time to solve my problems ?

Imran said...

I got home driver visa (Fujairah) from my employer I gave my passport and medical paper to stamp visa instead stamping the visa he report absconding I was new and doesn't know the law of Fujairah I requested him many time but he is not helping me please let me know is there any way that I will pay fine and leave this country without facing any problem.

Imran said...

I got home driver visa (Fujairah) from my employer I gave my passport and medical report to stamp the visa instead he report absconding without stamping my visa, I tried to contact him but fail he just fax absconding paper to me and after that he doesn't want to talk about it. please some one help is there any way I pay fines and leave the country without facing any problems...

leng said...

Good day! Just want inquire some personal things, where can i file a complain against my ex-husband? His in dubai right now. I dont know the exact info about his work or any phone numbers. His relatives are also hiding him to us. All i know, is that his working there in a hotel.

and his already married to someone else. His fullname is Joel Ramos Gabuyo and married to Doris delos Reyes Gabuyo there. Although its quite a long time that we're separated but we're not yet annulled or anything. We have 2 kids, 11 & 13 yo already.

and his not giving him any financial support for almost 11years. My kids have stop studying coz i cannot really support them financially. I just saw him on facebook, and send him some messages, but unfortunatelly, he blocked me right away. So i really really need some help over here.. I saw some pictures on my ex- mother in law, thaty my ex-husband are ok. They even went on vacation with him. Its quite late that i found out, that they have been here in the philppines last february. Pls help me, where i can demand for some financial support for him.. Thank you! God bless!.

leng said...

Good day! Just want inquire some personal things, where can i file a complain against my ex-husband? His in dubai right now. I dont know the exact info about his work or any phone numbers. His relatives are also hiding him to us. All i know, is that his working there in a hotel.

and his already married to someone else. His fullname is Joel Ramos Gabuyo and married to Doris delos Reyes Gabuyo there. Although its quite a long time that we're separated but we're not yet annulled or anything. We have 2 kids, 11 & 13 yo already.

and his not giving him any financial support for almost 11years. My kids have stop studying coz i cannot really support them financially. I just saw him on facebook, and send him some messages, but unfortunatelly, he blocked me right away. So i really really need some help over here.. I saw some pictures on my ex- mother in law, thaty my ex-husband are ok. They even went on vacation with him. Its quite late that i found out, that they have been here in the philppines last february. Pls help me, where i can demand for some financial support for him.. Thank you! God bless!

leng said...

Good day! Just want inquire some personal things, where can i file a complain against my ex-husband? His in dubai right now. I dont know the exact info about his work or any phone numbers. His relatives are also hiding him to us. All i know, is that his working there in a hotel.

and his already married to someone else. His fullname is Joel Ramos Gabuyo and married to Doris delos Reyes Gabuyo there. Although its quite a long time that we're separated but we're not yet annulled or anything. We have 2 kids, 11 & 13 yo already.

and his not giving him any financial support for almost 11years. My kids have stop studying coz i cannot really support them financially. I just saw him on facebook, and send him some messages, but unfortunatelly, he blocked me right away. So i really really need some help over here.. I saw some pictures on my ex- mother in law, thaty my ex-husband are ok. They even went on vacation with him. Its quite late that i found out, that they have been here in the philppines last february. Pls help me, where i can demand for some financial support for him.. Thank you! God bless!

ahmed said...

my arbab my absconding i m poor man what i do i m very poor man...