‘What happens if I do not return to my job in Dubai after my holiday ends?’

Q

I work in Dubai and my employment contract expires in October. I am currently on holiday in my home country. I have applied to move to another European country and hopefully I will receive my visa. What will happen if I do not return to Dubai or inform my current employer? AR, Czech Republic A

If an employee goes on leave and fails to return, they will be deemed to have absconded. The term “absconder” is applied to any employee who fails to turn up for work for seven or more consecutive days, or even 28 non-consecutive days over a year, without informing the employer or without permission.

This is covered in Article 128 of the UAE Labour Law. If an employee leaves without giving notice or simply fails to return to work, the employer can apply for an absconding ban. That will usually be a one-year ban but in some cases a person can even be blacklisted. The visa will be cancelled at the time of the ban.

My visit visa expired in September last year. Can I apply for a new work visa from a company? I was offered a job but the company will not pay my fine as it is too big. I want to stay in the UAE legally. What can I do? BB, Dubai

If a visitor has overstayed, they are subject to fines. This is Dh200 for the first day and Dh100 for each subsequent day. There is an additional service charge to pay on exiting the country. The fees for overstaying residents are different.

During 2020, the UAE government announced several amnesty programmes for people who overstayed as many were unable to return to their home countries. The last amnesty programme ended on March 31. BB should have benefitted from this initiative, but he is still liable for fines as it seems he did not apply for an extension of his visit visa.

To establish the amount payable, he needs to contact an Amer office, part of the General Directorate for Residency and Foreigner Affairs. In certain cases, authorities can reduce fines. There is no guarantee that the amount due will be reduced but a polite request with an explanation and evidence of a new job can assist.

I will soon complete my second two-year employment contract and have told my employer that I plan to return to my country. The human resources manager said they are willing to renew my contract. However, because I do not want to continue, the company will not pay my costs to travel back home. Is this legal? CH, Sharjah

If someone is on a fixed-term contract and works the full period, their service is considered completed and the employer is liable for repatriation costs. There is no obligation for the person to continue working for an employer.

In this case, Article 131 of the UAE Labour Law applies. It states: “Expenses for repatriation of an employee to his place of origin or any other place agreed upon by both parties shall be borne by the employer. If the employee after the end of his contract takes up employment somewhere else, repatriation expenses upon termination of his service shall be paid by the last employer, subject to the provisions in the preceding clauses, and if the employer has failed to repatriate the employee and has not paid the repatriation expenses, the competent authorities shall do this at the employer’s expense by way of attachment.”

If the employer is not complying, he should raise a case with the Ministry of Human Resources and Emiratisation.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets. com. Follow her on Twitter at @FinancialUAE. The advice provided in our columns does not constitute legal advice and is provided for information only