Absconded employee from Dubai return to India

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Absconded employee from Dubai return to India

Postby raka » 09 Feb 2015, 14:45

Hi,
My brother was working with a company @Dubai, which he left without intimating. Now the company has reported him absconding.However he doesn't want to stay back in Dubai further and wants to come back, please let me know what can be the consequences , does he need to solve the issue to come back to his country,does he need to make his own arrangements to come back or immigration office will only do the same
raka
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Re: Absconding employee wants to return to Dubai

Postby shawarma » 10 Feb 2015, 00:31

raka wrote:However he doesn't want to stay back in Dubai further and wants to come back,

I don't understand if that means he wants to come back to Dubai, or doesn't want to come back to Dubai.

If an employee has been reported as absconding, and the employee has left the UAE, then my guess is one of the following could happen if he tries to come back to the UAE.

1. A visa application will be rejected and he will not be allowed to travel to the UAE.
2. He will be permitted to travel but be arrested on arrival if a case against him has been filed with the police or immigration department.
3. He will be permitted to travel to the UAE but won't be arrested if there is no case against him with the police or immigration. With this situation it might be possible that after arriving in the UAE, the absconding complaint is processed so that police and immigration are notified, and he ends up being arrested anyway, either in the UAE, or the next time he tries to exit the UAE.
4. A work permit application will be blocked at the Ministry of Labour (MOL) if there is an outstanding absconding complaint, even if he is permitted to enter the UAE.

To have a better idea of the likely consequences you should contact the MOL, the Dubai Police, and the immigration department to see what, if any, case or complaint is outstanding against him. And then ask what he needs to do to have the case lifted.

I have read various legal sources say that an absconding complaint cannot be filed or upheld with the Ministry of Labour if the employee is outside the UAE, but I can't find the relevant section in the UAE Labour Law to back that up.

http://www.dubaifaqs.com/dnrd.php
http://www.dubaifaqs.com/dubai-police.php
http://www.dubaifaqs.com/visa-ban-uae.php
Please use the forum for questions, not the PM system.
shawarma
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Re: Employer filed absconded complaint

Postby raka » 10 Feb 2015, 09:42

Hi

He is from india and wants to come back to india only
raka
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Posts: 3
Joined: 09 Feb 2015, 14:27

Re: Absconded employee from Dubai return to India

Postby shawarma » 10 Feb 2015, 19:45

I don't really know anything about this with respect to the Indian authorities but my guess is that if an employer filed an absconding complaint against him in Dubai, it wouldn't affect his entry to India.

UAE immigration and labour departments don't have any jurisdiction in India. Likewise, Indian immigration and labour departments don't have any jurisdiction in the UAE.

The only way that I can think of where he might have a problem in India is if the absconding complaint was escalated somehow and the UAE police filed a criminal case against him, and then tried to extradite him from India. But I've never heard of anything like that happening in the UAE.
Please use the forum for questions, not the PM system.
shawarma
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Re: Absconded employee from Dubai return to India

Postby raka » 10 Feb 2015, 21:25

Thanks a ton
raka
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Posts: 3
Joined: 09 Feb 2015, 14:27


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